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Retaliation

Court: Discord from co-workers, bosses isn’t retaliation

01/27/2009

Galloway Police Department Officer Robert Bauer filed a lawsuit claiming co-workers retaliated against him for refusing to engage in what he considered unethical acts. A lower court dismissed his suit, and now an appeals court has upheld the dismissal.

High court clears way for more retaliation suits

01/27/2009

On Jan. 26, the U.S. Supreme Court unanimously ruled that Title VII protects from retaliation employees who cooperate with employers’ internal harassment investigations. Some attorneys worry the decision will open the litigation floodgates for employees who believe they have suffered retaliation.

Senate begins confirming Obama’s HR-related Cabinet nominees

01/21/2009

Expect swift confirmation of President Obama’s nominees to head the U.S. Departments of Homeland Security, Labor and Justice. And expect the Obama administration to take a far harder line than the Bush administration did against organizations that break employment-related laws.

Know when to fold ’em: Sometimes, settling lawsuit is wisest move

01/16/2009

Even bosses who’ve been taught that one word can trigger a harassment or discrimination lawsuit can put their foot firmly in their mouths. If that’s the case and an employee starts the legal wheels in motion, it’s usually best to settle the case and move on.

Warn managers: Even years later, acting against whistle-blower can be retaliation

01/13/2009

Genuine whistle-blowers are protected against retaliation under the Minnesota Whistleblower Act even if the retaliation occurs years later. Caution management to avoid any action that smacks of punishing an employee for instigating or cooperating with a criminal investigation of alleged company wrongdoing.

Hilton women sue over orgy

01/13/2009

Deborah Smith, a former night manager of the SkyWater Restaurant at the Hilton Minneapolis, has filed a lawsuit alleging she was fired for walking in on an orgy involving upper managers in December 2007.

Former Minnesota U.S. Attorney retaliated against whistle-blower

01/13/2009

Former U.S. Attorney Rachel Paulose retaliated against John Marti, a former first assistant U.S. attorney for the district of Minnesota, according to an investigation by the U.S. Office of Special Counsel.

Consider settling if others can bolster individual’s sex discrimination claims

01/09/2009

If an employee is threatening litigation, try to find out whether others who belong to the same protected class might support her claims. If so, it may be time to settle.

Employee requests transfer? Get it in writing to avoid later false claims

01/09/2009

Sometimes, employees with disabilities don’t choose to let their employers know. If such an employee needs an accommodation such as a transfer to a less stressful position, she may make the request but never explain why. Then, when she is turned down, she may sue and allege she said she needed the transfer because of her disability.

HR officer accuses boss of assault, harassment

01/09/2009

Margaret Tarulli, a special officer for New York City’s Human Resources Administration, has filed a sexual assault and harassment lawsuit against her former supervisor.