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Retaliation

Court: ACA complaint can trigger retaliation claim

08/01/2017
Love it or hate it, the Affordable Care Act remains the law of the land. That means, after months of futile legislating on Capitol Hill, important health insurance decisions will be made by courts, not Congress.

Cutting out accommodation may be retaliation

07/27/2017
The EEOC has just filed a lawsuit alleging an employer retaliated against an employee for complaining about discrimination by rescinding an existing religious accommodation.

Sometimes you simply must fire whistleblower

07/21/2017
Occasionally, it may become clear that a whistleblower needs to be fired for reasons entirely unrelated to his protected activity. That requires careful thought, because the employee may claim that his termination was retaliation.

Applebee’s franchisee sued in transgender harassment case

07/19/2017
The EEOC has filed suit against Apple Metro, the franchise holder of an Applebee’s restaurant in Hawthorne, New York, claiming it fired a transgender employee after she complained of co-worker harassment.

Fox Radio reporter claims retaliation for bias complaint

07/19/2017
A former Fox News Radio correspondent claims she was fired less than 24 hours after using a company hotline to voice concerns about gender discrimination. Fox has labeled the charges “meritless” and claim her job was axed due to budget cuts.

Discipline or termination after FMLA leave? Prepare to prove it wasn’t retaliation

07/19/2017
Typically, courts look at whether an employee has used FMLA leave in the past when considering whether his employer interfered with his FMLA rights more recently.

Prepare to justify discipline occurring after employee complains about discrimination

07/13/2017
Simply put, a bad review all by itself isn’t usually grounds for a lawsuit in most cases. However, punishing someone with a bad review because they complained about discrimination may land you in legal trouble.

Tell bosses not to gloss over performance deficiencies

07/12/2017
Some supervisors hate including negative feedback in performance reviews of good employees. But nearly everyone has some room for improvement. It’s up to HR to insist on accurate evaluations, including negative feedback when warranted.

Warning! One firing can bring many lawsuits

07/03/2017
Just because you win one of several lawsuits over a termination, that doesn’t mean remaining matters will be automatically dismissed. It may not matter that one judicial decision might support your stated reason for firing the employee.

The law is enough: Handbook doesn’t create extraordinary right to sue for retaliation

06/28/2017
Many state and federal statutes make it unlawful for employers to retaliate against employees who file internal discrimination complaints or otherwise claim that some wrongdoing has occurred. These laws have specific, and limited, remedies.