Retaliation

Speaking out in course of government job isn’t protected

01/07/2016

Government employees have limited First Amendment rights when speaking out. But the right doesn’t apply if the public employee is merely doing his or her job.

Do the right thing, still get sued

01/04/2016

Here’s a reminder that even doing the right thing can mean a lawsuit.

Resignation announced, then a change of heart: Can refusing to allow return be retaliation?

01/04/2016

Here’s a rather novel question being answered for the first time in the 5th Circuit, which has jurisdiction over Texas employers. Can the refusal to accept a request to rescind a resignation ever be an adverse employment action and retaliation for engaging in protected activity?

Internal complaint not enough: Whistle-blowers must file report with police

12/31/2015

Texas government employees who blow the whistle on their employers are protected from retaliation. But it takes more than just voicing an internal complaint or even cooperating in an audit to make a claim of whistle-blower retaliation stick.

How to change your work rules without courting a lawsuit

12/16/2015

It’s management’s prerogative to change workplace policies and rules. Courts don’t like to second-guess employers for managing their businesses as best they see fit. But how (and how consistently) you change those rules can make a big difference in your exposure to legal liability.

When can an employee’s transfer be considered illegal retaliation?

12/07/2015

To bring a case of retaliation for complaining about discrimination or harassment, employees must show that they suffered some sort of “adverse employment action” in response to their complaint. That’s easy if the employee is demoted, fired or transferred to a less desirable position. But what if the worker experiences more subtle retaliation, like having to do more work or being transferred to a potentially better position that doesn’t pan out?

Employee sends spouse to voice harassment complaint: Is that ‘protected’ activity?

11/24/2015

Employees who complain to HR or management about alleged discrimination or harassment are engaging in protected activity and can’t be punished for complaining. But what if the employee can’t summon the courage to complain and, instead, sends someone else? Is sending a spokesperson to complain also protected activity? A federal court says “yes,” at least when it’s the employee’s spouse who takes action.

Court: Reporting personal theft is ‘protected activity’

11/23/2015

A new California appellate court ruling shows that employees who are terminated for reporting the alleged theft of personal property at work have a right to sue for wrongful termination as a whistle-blower. The report merely has to involve criminal activity. It doesn’t have to be work related or concern a matter of public interest.

LGBT leader resigns, cites retaliation in firings

11/13/2015

The University of Minnesota at Duluth is still reeling from discrimination charges after it failed to renew hockey coach Shannon Miller’s contract. Miller and three of her coaches, all of whom are openly gay, were terminated.

Internal complaint doesn’t equal whistle-blowing

11/12/2015

The Texas Supreme Court has ruled that simply complaining to one’s boss about allegedly illegal activity is not whistle-blowing protected by the Texas Whistleblower Act. Employees must inform law enforcement.