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Retaliation

Count on being sued if you fire employee who has complained about harassment

03/05/2013

Some things in life are certain. Like death and taxes, litigation follow­ing a firing after a discrimination complaint will happen. The reason: Judges are reluctant to toss out retaliation claims without first hearing all the evidence.

Safelite Glass retaliation claim reflects poorly on HR

03/05/2013
A Safelite AutoGlass franchise in Enfield, N.C., has agreed to settle an EEOC sexual harassment and retaliation suit filed by a former HR assistant who claimed the HR manager made unwanted sexual comments and touched her inappropriately.

Cutting off good shifts can be retaliation

03/05/2013
When an employee complains about sexual harassment and suddenly finds herself under scrutiny—and sees her schedule changed—she may have a retaliation case.

Beware firing for ‘spreading rumors’ about bias

02/20/2013
Bosses may not like it, but em­­ployees have the right to complain about their working conditions. Characterizing those complaints as unfounded gossip doesn’t change that—and should never be a reason for termination …

Documentation key to post-complaint discipline

02/20/2013
HR pros often think twice before disciplining an employee who has complained of a serious workplace problem such as sexual harassment. It’s natural to worry about an add-on retaliation claim. But as long as discipline is clearly warranted, don’t second-guess yourself.

Supreme Court to decide burden of proof in Title VII retaliation cases

02/07/2013
The Supreme Court has agreed to hear a case that could answer a crucial question when an employee who is a member of a protected class alleges retaliation: Must he prove his protected status was the sole motive for retaliation, or can it be just one of many possible reasons?

Employers get to choose cost-cutting moves

02/01/2013

In tight times, employers must explore every cost-saving option. After looking at several ways to balance the budget, you may decide you need to trim the workforce. Don’t be surprised if a laid-off em­­ployee sues.

Insubordinate employee? Track each incident

02/01/2013

Sometimes, it’s clear that un­­less an employee shapes up, she’ll have to be fired. Argu­­men­­ta­­tive, insubordinate employees who balk at even minor requests fall into that category. Carefully document in­­fractions so when termination time comes, you have specific examples.

Considering after-the-fact paper trail to justify firing?

02/01/2013

Move cautiously when dealing with an employee who complains about harassment and discrimination—especially if the complaint involves a supervisor who now wants to terminate him. Unless you have a pre-existing paper trail showing poor performance before the complaint, going back to create one is dangerous.

Filing for workers’ comp doesn’t qualify as ADA protected activity

01/25/2013
Here’s a bit of good news. Just because an employee claims she was hurt at work and files for workers’ compensation doesn’t mean she automatically has a federal ADA retaliation case if she’s fired.