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Retaliation

Whistle-Blowers protected if they reasonably believe violation occurred

01/01/2008

New Jersey’s Conscientious Employee Protection Act (CEPA) is widely regarded as one of the most far-reaching whistle-blower laws in the country. It protects employees against retaliation if they bring attention to possible illegal activities. If an employee comes forward with a report of suspected wrongdoing, even if you believe he is incorrect, be very cautious about disciplining the employee …

Supervisors who say ‘What happens here, stays here’ invite retaliation claims

01/01/2008

Sometimes managers want to handle problems themselves and not involve the HR department or others in the chain of command. But telling employees to keep quiet and not complain to higher-ups actually may amount to retaliation. Threats and warnings, standing alone with no actual consequences, may be “materially adverse employment actions” when retaliation is the charge …

Philadelphia DEA agents allege reverse discrimination

01/01/2008

Opening arguments began in December in the federal civil trial of two U.S. Drug Enforcement Administration agents based in Philadelphia who are suing the U.S. Justice Department for reverse discrimination. George Marthers III and Jude McKenna, who are white, allege black former supervisors harassed them so severely that both men had to take medical leave …

Office love affair plus sales tips lead straight to court

01/01/2008

Jane Roberti worked as a loan officer for Allentown’s Becker Subaru. Her live-in boyfriend, Mark Wynne, also worked there as a salesman. Roberti’s responsibilities included funneling Internet sales leads to the salespeople. When employees began to complain that Roberti routed the best leads to Wynne, management counseled both to keep their personal and professional lives separate …

‘Adverse impact’ standard set for Texas Whistleblower Act

01/01/2008

The Texas Supreme Court has weighed in for the first time on an important interpretation of the Texas Whistleblower Act. Until now, a key term in the act was largely undefined: Exactly what is an “adverse employment action"? …

Union members can’t use ‘Public policy’ violation as basis for retaliation claim

12/01/2007

Ohio state law may provide limited protection for employees fired in violation of “public policy.” But as the following case shows, those cases are limited to at-will employees, not those who have the protection of union representation or a union contract. Such employees don’t need the same protection that at-will employees may need …

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 …

Health insurer pays $1.8 million to settle sex harassment suit

12/01/2007

United HealthCare of Florida has settled for $1.8 million in a same-sex harassment and retaliation lawsuit involving a former regional vice president. A male senior account executive in the company’s Sunrise office claimed he was subjected to verbal sexual harassment by a male vice president …