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Retaliation

Maintaining employee’s dignity is key to avoiding constructive discharge

02/01/2008

Often, constructive discharge cases grow out of a disciplinary process rife with harassment. An employee may suspect that his employer is trying to get him to quit. If a jury agrees, that can mean a large damage award. To cut the risk, have HR administer any discipline, and do so in private and in a way that preserves the employee’s dignity …

Now is the time to develop a comprehensive whistle-Blower policy

02/01/2008

Although Florida’s state whistle-blower law applies only to state government and state contractors, don’t believe you are above the law just because you are a private employer. Rather than ignore a complaint—and risk expensive litigation—you need to establish policies to investigate whistle-blower complaints …

Minor discipline without pay or benefits loss isn’t retaliation

02/01/2008

Punishing someone who has filed EEOC or other discrimination claims is illegal. But that shouldn’t stop you from enforcing reasonable rules. Courts won’t ordinarily view as retaliation minor disciplinary actions that don’t cost employees any pay or benefits …

Paid suspensions help cool down disputes

02/01/2008

When things get heated in the workplace, call a timeout. You need time to investigate what’s going on, and employees may need time to cool down. Paid administrative leave is often the best way to do that. Continue to pay the employee (and provide benefits) so he won’t be able to point to the suspension as an adverse employment action …

Limits on workers’ comp leave?

02/01/2008

Q. Is there any limitation on how long workers’ compensation leave may go on? …

OK to place employee on paid leave pending investigation

02/01/2008

Ever since the U.S. Supreme Court’s landmark Burlington Northern retaliation decision in 2006, employers have been struggling with exactly what to do while investigating wrongdoings. One vexing issue has been whether it could be retaliation to place an employee on paid administrative leave pending an investigation …

When discouraged applicants sue, don’t ‘Blacklist’ them

02/01/2008

Here’s a trap you should be aware of: An applicant who sues when he isn’t hired often keeps on applying—and then turns around and claims that you “blacklisted” him in retaliation for the lawsuit. Here’s how you should respond …

Managers and HR may be personally liable for CEPA mistakes

02/01/2008

The New Jersey Conscientious Employee Protection Act (CEPA) protects employees who report illegal activity. Punishing someone for exercising CEPA rights is also illegal—and supervisors who participate in that punishment may be personally liable for the violation. Simply put, their personal assets are at stake. If HR is complicit, so are yours …

No individual liability under Texas Whistleblower Act or Labor Code

02/01/2008

Good news: Your managers and supervisors aren’t individually liable for violating either the Texas Whistleblower Act or the Texas Labor Code. That means your personal assets aren’t on the line …

Act fast on harassment claims, even if employee delayed

01/01/2008

If a victim of alleged sexual harassment waits months—or even a year or more—before complaining, you may wonder how serious her claim is. Don’t let your doubts affect how you handle the case. In fact, the best way to protect your organization is to act quickly on all harassment complaints, no matter how improbable, minor or tardy they may seem …