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Retaliation

‘No-call, no show’ termination isn’t adverse employment action

07/15/2014
Under Minnesota’s whistle-blower law, employers can’t punish employees for reporting wrongdoing to authorities. Even so, it’s still legitimate for employers to enforce existing workplace rules.

What can I do about employee who is accusing me of wrongdoing?

07/07/2014
Q. An employee of mine recently reported me after allegedly seeing me “physically harm” another of my employees. Can I discharge this employee for reporting me?

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.