Retaliation

Manage schedule change after harassment

11/08/2017

One response to reported sexual harassment is to separate the alleged victim from the alleged harasser. However, if the separation includes a schedule change, the victim may claim that amounted to punishing her for reporting harassment in the first place.

3rd Circuit rules reduction in work hours following complaint may be retaliation

10/20/2017

It is crucial for HR to follow up regularly with a worker who has complained of discrimination to see if she has any possible retaliation to report. Something seemingly as minor as a changed schedule or slightly reduced hours can be grounds for a retaliation lawsuit.

Saying ‘No!’ to boss’s come-on puts employer on notice of possible retaliation

10/18/2017

When an employee rejects a supervisor’s unwanted sexual advances, that counts as opposing discrimination for the purpose of establishing retaliation for protected activity. Essentially, saying “No!” to a harassing supervisor may be as good as reporting the incident to HR.

Beware small changes that could be retaliation

10/18/2017

Punishing a worker for using FMLA leave is illegal retaliation—and the punishment doesn’t have to be something big like termination. Even seemingly minor acts can qualify as retaliation if they would dissuade a reasonable worker from using FMLA leave in the first place.

After Minnesota Supreme Court ruling, new rules for whistleblowers

10/16/2017

A unanimous Minnesota Supreme Court decision has made it considerably easier for workers to file—and win—whistleblower lawsuits under the Minnesota Whistleblower Act.

Fixing harassment? Let complainer know

10/16/2017

When responding to a harassment complaint, be sure to let the worker who complained know what steps you are taking. Acting behind the scenes while telling your employee to “deal with it” himself is one of the worst things you can do. That’s courting a retaliation lawsuit.

What can I do about an employee who files a workers’ compensation claim?

10/06/2017

Q. May I terminate an employee for filing a workers’ compensation claim?

Prepare to counter retaliation claim after child abuse report

10/06/2017

Under Texas law, employees who report alleged child abuse are protected from retaliation for doing so. Being discharged within 60 days after such a report creates a rebuttable presumption that retaliation occurred. Be prepared to rebut that presumption if you decide to terminate the employee within that time frame.

Stress lawsuit OK’d even after workers’ comp

10/03/2017

The workers’ compensation system is supposed to make it easy for employees who are injured at work to get benefits. They don’t have to sue: If they can prove they were hurt at work, they receive benefits.

When workers’ comp, illegal status collide

09/26/2017

Federal law requires employers to verify that employees are eligible to work in the United States. It’s unlawful to knowingly hire anyone without authorization. But what happens if an employee’s ineligibility is only discovered in the course of investigating a workers’ compensation claim?