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Retaliation

Whistle-Blower protection requires employee’s intent to expose illegality

04/01/2008
Minnesota’s whistle-blower law protects health care workers from retaliation. It is illegal to take adverse employment action against employees who report situations in which the quality of health care services violates a clinical or ethical standard or places the public at risk. But whistle-blowers must intend to expose illegality; it can’t just be in the context of doing their jobs …

Drywall company faces class action suit

04/01/2008
Eight Hispanic workers have filed a class action lawsuit against drywall company Mulcahy Inc., of Mahtomedi, alleging the company paid them less than minimum wage and denied them overtime pay, breaks and health benefits. Because they say they fear retaliation, the workers are suing under the pseudonym “John Doe” …

Springfield to pay officer $150,000 for ongoing discrimination

04/01/2008
The city of Springfield must pay $150,000 to former patrol officer Rickey Davis, who sued the city for discrimination and retaliation. The U.S. District Court, Central District, in Springfield, denied the city’s appeal for a new trial …

Disabled employee must be able to perform

04/01/2008
Chrysler hired Loretta Steward in 1997 as an hourly employee at its Viper plant in Detroit. In October 2004, Chrysler placed Steward on medical restrictions because of hand, shoulder and neck pain. The restrictions, which limited her lifting to 10 pounds or less, prevented Steward from performing her job …

Rush to fire or demote pregnant employee often backfires

04/01/2008
When it comes to discrimination claims, timing can be everything. An employer that discharges or demotes a pregnant employee (or one who has just given birth) is asking for a discrimination or retaliation lawsuit. If you have a poorly performing employee who is pregnant or just gave birth, don’t do anything adverse until she has returned to work for some time …

No personal liability in FEHA retaliation cases

04/01/2008
The California Supreme Court has ruled that managers and supervisors shouldn’t be held personally responsible when an employee wins a retaliation claim under the California Fair Employment and Housing Act …

If you need to discipline, verify facts with several sources

04/01/2008
Discipline is always a sensitive issue, especially if the employee in question has filed previous discrimination complaints or a lawsuit. Even if the employer won previous battles, the employee may actually view any discipline as another chance to attack the company—with a retaliation lawsuit. Here’s the best way to handle further discipline …

Indiana court losing patience with inconsistent enforcement of no-Call policies

04/01/2008
To manage your workload, you need to know whether employees will show up for work. To avoid fraudulent call-offs, you may even require a personal call. But unless you are already suspicious—or have had problems with that particular employee abusing the system before—you shouldn’t single out one employee for discipline …

AWOL employee loses case involving absenteeism

04/01/2008
Rosa Luera worked as a medical records clerk and file technician at The Heart Center Medical Group in Fort Wayne. Luera’s attendance continued to decline—until one day, she simply stopped showing up for work. In June 2006, she was terminated. Luera sued, claiming discrimination and retaliation …

Build a legal wall against the flood of retaliation lawsuits

04/01/2008
Retaliation lawsuits are all the rage among employees (and their lawyers) these days. Employees filed 26,663 complaints of retaliation with the EEOC in 2007, up 18% from the previous year. One key reason is the landmark U.S. Supreme Court 2006 ruling in Burlington Northern & Santa Fe Railway Co. v. White