• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR LAW Weekly
  • The HR Weekly
  • California Employment Law
  • New York Employment Law
  • Texas Employment Law

Retaliation

Looking for a court fight? Crack down after worker complains

12/01/2007

Timing is everything, especially when it comes to retaliation. That’s why it’s crucial for supervisors and managers to understand: Once an employee has filed a complaint, don’t suddenly start enforcing rules you let slide before. If you do, the likely result will be a retaliation lawsuit …

Use rational business reasons to justify RIF choice

12/01/2007

When employees lose their jobs, they naturally wonder why they were chosen. Employees who recently have complained about discrimination—real or imagined—often do more than wonder. They often jump to the conclusion that they have been fired in retaliation for complaining. That conclusion can lead to a lawsuit. Be prepared with solid and rational reasons why you chose the employee who got the ax …

Don’t retaliate against harassment victim who calls police

12/01/2007

Here’s a risk you may not have considered: Ignoring a sexual harassment complaint may prompt the alleged victim to get help from outside law enforcement agencies. React inappropriately and you’re likely to have a retaliation suit on your hands …

FedEx’s federal fallout lands in Indiana court

11/01/2007

FedEx Ground/Home Delivery drivers have filed suit in the federal district court in South Bend, claiming the delivery giant fired them in retaliation for exercising their legal rights. The California-based drivers, who operate single routes as contractors, have fought for years to obtain employment status with the company …

Discrimination claim dropped, retaliation claim goes to jury

11/01/2007

A cosmetology instructor in the state prison system will have her case heard by a jury after she convinced a judge her employer most likely retaliated against her for filing a race discrimination charge with the EEOC …

Basics of the FMLA: 7 steps to total compliance

11/01/2007

The Family and Medical Leave Act entitles eligible employees to take up to 12 weeks of unpaid leave per year for their own “serious health condition,” care of a spouse, child or parent with a serious health condition, or for childbirth or adoption.The U.S. Labor Department recently collected 15,000 public comments about the pros and cons of the law. The department may use those comments to help develop regulations that clarify the confusing parts of the law, but no regulations are imminent …

Supervisors need to know: don’t penalize complainers

11/01/2007

Sometimes employees file discrimination complaints just to see if their employers will retaliate in some way. Then they hit back with a retaliation claim. It’s a classic trap—and it doesn’t matter if the original complaint was weak. Don’t fall for it. Instead, make sure you treat the employee exactly as you would have if he hadn’t filed the complaint …

EEOC charges LAFD with discrimination—Again

11/01/2007

The EEOC has brought new charges against the Los Angeles Fire Department (LAFD), charging it with subjecting black and female firefighters to a “pattern and practice” of discrimination, harassment and retaliation. It’s not the first time the department has been under fire …

Watch timing of adverse action against whistle-Blower

11/01/2007

Want to guarantee a day in court with an  employee who blows the whistle on alleged company wrongdoing? Just take adverse action against him—firing, demotion or suspension, for example—within hours of hearing about the complaint. If you already had planned to take action, make sure you can substantiate it. Be sure you can also show there are no “smoking guns” that could point to a different motivation …

New Jersey courts extend whistle-Blower protections

11/01/2007

Employees who blow the whistle on corporate misdeeds have extra time to file retaliation complaints under the Conscientious Employee Protection Act (CEPA), thanks to a recent ruling by the New Jersey Superior Court, Law Division …