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Retaliation

MTA shocker! Could cronyism, nepotism have led to ouster?

05/19/2014
Charges of cronyism and nepotism followed a Metropolitan Transit Authority security chief out the door following a meeting with the head of the MTA, which runs public transportation in the New York City area.

Quickly addressing alleged retaliation saves the day

05/12/2014
You probably tell supervisors they shouldn’t punish employees for filing internal or EEOC discrimination complaints. That doesn’t mean employees who complain won’t perceive re­­tali­­ation in every slight change in their work situation. How you react can mean the difference between winning or losing a retaliation lawsuit.

Worker facing discharge claims harassment? Investigate first, then fire if still warranted

05/12/2014
Sometimes, employers don’t learn about alleged discrimination or harassment until an employee brings up the claim when facing discharge for other reasons. If that happens, how should you respond?

Harassment fear won’t excuse insubordination

05/12/2014

When harassment allegations surface, we often advise separating the two parties to minimize chances of more misbehavior. Sometimes, employees find their own ways to keep away from harassers. However, business realities can make that unsustainable.

Beware lawsuits from contract workers, too

05/01/2014
Some employers mistakenly believe that having employees work on a contractual basis will save them from litigation. If they decide not to renew the contracts of workers considered “trou­­blemakers,” they figure they can avoid being sued. That’s a big mistake.

Focus on behavior, not possible disability when disciplining employees

04/15/2014
Here’s a tip that may save you from unnecessary litigation: When it comes to disciplining a disruptive worker, focus on the behavior. Don’t speculate on the reason the employee may be disruptive.

Don’t let lawsuit fear stop appropriate discipline

04/07/2014
Some employers want to avoid litigation and don’t like to discipline someone they are sure will sue. That can be a mistake, especially if the employee in question is harassing or discriminating against others.

Same job, new office? That’s not retaliation

04/07/2014
While a real adverse employment action may trigger a retaliation claim, many minor changes aren’t truly adverse. For example, moving an employee to a different office without changing anything substantial about his job probably isn’t retaliation.

Beef over handling pork leads to court date

04/03/2014
A former meat packer at the Smith­­field Foods plant in Clinton has a bone to pick with the company. She claims her complaints about food safety went un­­heeded and uninvestigated during her 18 months on the job.

Court losing patience with pro se complaints

04/03/2014
Courts seem to be losing patience with so-called pro se lawsuits in which workers act as their own lawyers to sue and provide no specifics about alleged employer wrongdoing.