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Retaliation

Supreme Court allows retaliation suits under Civil War-Era law

07/07/2008

On May 27, 2008, the U.S. Supreme Court further expanded the ability of employees to sue for retaliation—an area of employment law that has exploded in recent years. Specifically, the court held that a federal statute enacted shortly after the Civil War, granting all citizens the right to enter into and enforce contracts (commonly referred to as Section 1981), can be used to bring a claim of employment-related retaliation …

Back up even minor disciplinary action with solid records

07/02/2008
We’ve said it before and we’ll say it again: Nothing wins lawsuits like good records. Tell all managers and supervisors that HR won’t approve any disciplinary action without a copy of the documentation used to justify the decision …

‘Offering’ chance to quit may still be constructive discharge

07/01/2008
Employers commonly give employees a chance to resign rather than be fired. And employers often believe that as long as they get employees’ signatures on the “voluntary” resignation letters, they’re in the clear. That’s simply not true …

Don’t let trumped-Up excuses prevent sacking bad worker

07/01/2008
Employees who fear their jobs are in danger often try to find some way to protect themselves from being fired. For example, the employee will suddenly report sexual harassment, take FMLA leave or claim he or she has a disability that needs accommodation. Don’t dismiss those claims without an investigation …

Ensure employees know how to complain about retaliation

07/01/2008
You know that employees who complain about harassment or discrimination shouldn’t suffer retaliation. But do you have a mechanism in place that prevents such retaliation? If not, it’s time to come up with one. Nipping retaliation in the bud is far cheaper than defending it in court …

Be nice to that ex-Employee who sued! He might come back

07/01/2008
When an employee who was fired or didn’t get a promotion sues, it’s easy to get angry—especially if you don’t believe you or your organization’s supervisors did anything wrong. But that’s a mistake. The better approach is to remain cordial and civil. Here’s why …

Loved, lost: Crafting effective workplace dating policies

07/01/2008
Many companies that otherwise permit co-workers to date draw a bright line that prohibits managers from being romantically involved with those who report to them, either directly or indirectly. There are many good reasons for such a prohibition … Consequently, many companies maintain strict nonfraternization policies between supervisors and subordinates.

Demanding coffee may be gauche, but it’s not harassment

07/01/2008
In a case that illustrates just how sensitive some employees are to perceived sexual stereotypes, a woman hired to work as a receptionist tried to claim that refusing to serve her male bosses coffee was tantamount to engaging in protected activity. Then she alleged retaliation …

Terminations: 6 steps to ensure firing won’t backfire

07/01/2008
In most states, workers are employed on an “at will” basis, meaning they can leave the company at any time. Conversely, employers typically retain the right to terminate workers at any time for any legal, nondiscriminatory reason. Courts continue to chip away at the at-will doctrine, providing less flexibility to employers. This has led to an increase in wrongful discharge lawsuits …

Demanding coffee may be gauche, but is it harassment?

07/01/2008
Maybe she was a bit of a drip, but one employee got in such a froth about her bosses’ demands for coffee service that she sued. Did she really have grounds to bring a harassment and retaliation lawsuit? Did her employer wind up in hot water?