Retaliation

Don’t let EEOC complaint derail planned firing

10/02/2013

Employees sometimes believe they can stop a pending termination merely by filing an EEOC complaint. The implied threat: That they’ll sue for retaliation if they do, in fact, get fired. That won’t work if the employer can show it would have fired the employee anyway.

EEOC race bias suit targets Carolina Mattress Guild

10/01/2013

The EEOC alleges that Carolina Mattress Guild, based in Thomasville, failed to address black workers’ complaints of a racially hostile work environment and then fired one employee in retaliation for having complained.

Police want info about an employee? Respond, be honest

10/01/2013

If you’re honest when law enforcement officials ask for information about a potential crime involving an employee, the worker can’t sue for false arrest, even if he’s not formally charged or eventually is found not guilty.

Filing a grievance isn’t protected speech

09/30/2013

Government employees can’t be punished for exercising their First Amendment rights. But that rule has important restrictions. One of those is that, ordinarily, filing an internal grievance isn’t protected speech.

Police officer’s report of abuse is protected speech

09/27/2013

Public employees can’t be punished for speaking out on matters of public importance, as long as doing so isn’t an official part of their jobs. Until now, it has been an open question whether a police officer’s complaints about police brutality were protected.

Former star locked in lawsuit with ‘Storage Wars’

09/27/2013

The hit television reality show “Storage Wars” has suffered a legal setback. A court in Los Angeles has given one of its former stars, Dave Hester, the go-ahead to sue the show’s producers and the A&E cable TV network for retaliation.

Beware retaliation after employee complains

09/10/2013

Watch out if a supervisor suddenly gives a poor performance review to a previously good employee who has recently complained about discrimination. Unless you can clearly show that the employee’s performance was deteriorating, you might be setting yourself up for an otherwise avoidable retaliation lawsuit.

Calling supervisor to complain about alleged racial slur is protected activity

09/09/2013

Employees are protected from retaliation for complaining about alleged discrimination. The complaint is considered protected activity. Something as simple as calling a supervisor to complain about a co-worker’s racial slur is protected.

Beware crackdown on complaining employee

09/06/2013

Tell supervisors and managers to look out for co-worker antagonism. Avoid the appearance of retaliation by making sure bosses enforce all rules equally and fairly.

Put HR firewall between those who hire, handle complaints

09/03/2013

Here’s why HR professionals who handle complaints and those who screen job applications shouldn’t share information with one another: It prevents needless lawsuits over failure to hire past employees or those who complained about hiring practices in the past.