Retaliation

OSHA plans targeted covid-19 inspections

03/18/2021

Anew OSHA national emphasis program seeks to reduce the threat of coronavirus exposure at work by targeting enforcement inspections at employers that put the largest number of workers at serious risk of becoming infected.

Beware NLRB lawsuits that allege worker retaliation

12/17/2020

The EEOC isn’t the only enforcement agency that can file a retaliation lawsuit. The National Labor Relations Board can, too. Even employers with nonunion workforces may find themselves in the NLRB’s crosshairs if they bar discussing working conditions.

Leave & accommodation are top reasons for COVID suits

10/15/2020

A new analysis of all COVID-based employment lawsuits found the most popular claims are related to employee leave and disability accommodations, followed by retaliation/whistleblower suits.

As pandemic spreads, so do lawsuits: 3 cases to watch

07/30/2020

Because of the coronavirus pandemic, the chances that your organization will be hit with a lawsuit have risen sharply. There are already hundreds of covid-19 and coronavirus-related lawsuits percolating through state and federal courts.

How to discipline despite ‘protected’ activity

07/02/2020

Employees who know they are about to be disciplined sometimes think the best defense is going on offense, filing internal discrimination, harassment or whistleblower complaints. If you follow your usual disciplinary rules, treat the employee just like other similarly situated workers and keep detailed, dated records, it’s unlikely a court will find retaliation.

Coming to a court near you: covid-19 lawsuits

05/27/2020

In just a few weeks, dozens of federal lawsuits have been filed alleging some workplace wrong related to the coronavirus or covid-19.

As you reopen and workers return, beware the whistleblower

05/19/2020

At least three laws protect whistleblowers from retaliation, and could give rise to employer liability in the event of a termination or other adverse action on the heels of complaints (or other protected activity).

Beware retaliation following OSHA complaint

04/23/2020

The Occupational Safety and Health Act affords great protection to employees who report dangerous working conditions to the authorities. That has become an issue in the coronavirus era—and a potentially significant source of liability for employers who continue to operate as usual.

Pandemic: Beware backlash after discipline

04/23/2020

Employees at several Amazon facilities have staged walkouts to protest working conditions they fear place them at high risk of contracting the coronavirus. The company’s heavy-handed response to the protests has generated ill-will and bad press.

Have manager who hired also do the firing

03/05/2020

Courts have long assumed that if the same manager hires an applicant and then fires that employee later, chances are he or she didn’t do so for discriminatory reasons. It simply doesn’t make sense—especially when the applicant’s protected status was obvious at the time she was hired.