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Retaliation

Don’t discuss discipline with employees’ co-workers

07/07/2014
Sometimes, keeping quiet is the best approach. That’s certainly true when you discipline or terminate employees for poor performance. Bad-mouthing an employee won’t do any good and may mean a needless lawsuit if the employee’s reputation suffers.

Not every hotline call is protected activity

07/07/2014

Many employers have a hotline that employees can call to report discrimination, harassment or other workplace problems. Generally, employees who call a hotline are protected against retaliation because the call itself is “protected activity.” But that’s not always the case.

Beware retaliation against whistle-blowers

06/24/2014
Employees who sue for alleged retaliation after reporting safety problems in the workplace have a new and powerful ally: the Cali­for­nia Labor Commissioner’s office, also known as the Division of Labor Standards Enforcement.

Good past performance doesn’t rule out firing

06/16/2014

Sometimes, employees can only imagine that discrimination or retaliation is to blame for their sudden unemployment. If you had a good reason to terminate such an employee, don’t worry. The circumstances immediately preceding the discharge decision are what matter.

Employers and SOX retaliation: Prepare for a legal long haul

05/28/2014
Employers defending against Sarbanes-Oxley Act (SOX) whistle-blower retaliation claims should be prepared for a long and tough litigation process. A recent district court decision out of Texas vividly illustrates how long a haul it might be.

NLRB, OSHA pact gives longer life to whistle-blower claims

05/28/2014
Employers can expect more whistle-blower cases to be heard as unfair labor practices charges now that the National Labor Relations Board and OSHA have agreed to cooperate when employees file late safety-related complaints.

Employee can’t sue customer for retaliation

05/28/2014

An employee recently tried to claim that a customer had retaliated against her for griping on the job. It didn’t work.

Warn hiring committee: Never discuss decision-making process with candidates

05/28/2014

If you haven’t already, warn everyone who serves on hiring committees or is otherwise involved in hiring-related decisions to keep their thoughts to themselves. For example, they should never discuss the inner workings of the ­hiring process with candidates.

Jet Propulsion Lab misfired by disciplining disgruntled workers

05/23/2014
The Jet Propulsion Laboratory at the California Institute of Technology was schooled in the NLRA after it disciplined five employees who challenged lab policies.

Court expands scope of ‘me too’ evidence

05/23/2014

Employees who sue for retaliation sometimes try to bolster their cases by claiming others who complained also experienced retaliation. Until recently, courts hearing California cases had limited so-called “me too” evidence to very similar cases.