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Retaliation

Must employees receive a warning before termination?

03/01/2008

If employees are at-will workers, you can fire them for any reason or no reason at all, as long as it’s not discriminatory. But, as a new ruling shows, supervisors should resist that quick-trigger urge if that employee recently voiced a discrimination complaint …

Making demands while employee is on disability leave

03/01/2008
Q. We have an employee on disability leave because she had dental reconstructive surgery due to oral cancer. Shortly after her return, her supervisor gave her a deadline to get her backlogged work done. It may not be a realistic deadline. If we discharge her, can we be in legal trouble? — Anonymous …

Counter retaliation claims by tracking PHRC and EEOC filings, internal complaints

03/01/2008
One of the easiest ways for employees to win discrimination cases is to allege that their employers punished them for complaining about alleged discrimination. Often, employees win those retaliation cases even while losing the underlying discrimination complaint. But employers can defeat retaliation charges by showing that the employee never complained in the first place …

Former boxing commish alleges retaliation, says he was fired for speaking out

03/01/2008
Larry Hazzard Sr., former New Jersey Athletic Control Board commissioner, has filed a whistle-blower lawsuit against state Attorney General Anne Milgram. Hazzard says he was fired from his position on the board, which oversees boxing in Atlantic City, for reporting legal and safety-related violations …

The NJLAD’s fee-Shifting provision: A ray of hope for employers

03/01/2008

Harassment and retaliation claims are on the rise in workplaces across the country. Some cases are legitimate, but many are not. They’re brought by employees seeking to have a court rule on trivial workplace disputes that have no sufficient factual or legal basis. Now there’s a ray of hope for employers that have been victimized by such frivolous lawsuits …

No longer adrift: State employment laws may apply on water, too

03/01/2008
Employees who work on Indiana waterways are still protected by some Indiana employment laws. That holds true even if those employees work on a river barge otherwise governed by federal admiralty laws …

Ball State to pay former hoops coach $200,000

03/01/2008
Former Ball State University basketball coach Ronny Thompson will receive $200,000 from the Muncie school to settle racial harassment and retaliation complaints …

Former employees can sue for retaliation, too

03/01/2008
Until recently, courts generally have ruled that retaliation applies only to current employees. But thanks to a recent 4th Circuit Court of Appeals decision, which covers North Carolina employers, it’s now clear that former employees can sue for post-discharge actions when their claims involve the Fair Labor Standards Act …

Is that a ‘Protected activity’—Or insubordination?

03/01/2008
Employees know that their employers can’t retaliate against them for filing EEOC complaints, complaining about discrimination or engaging in otherwise protected activity. However, it doesn’t follow that employees are free to taunt their supervisors by pulling the protected-activity card …

Beware changing recommendation after discrimination claim

02/01/2008

Many employers have strict policies on giving references for current or former employees seeking other jobs: Keep it simple—dates of employment, positions held and pay rates. But sometimes supervisors supply glowing recommendations anyway. They need to know that if they do, they had better be willing to stick with the accolades, even if their relationships with the employees change …