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Retaliation

Court: Employee must tie claims to protected status to win hostile environment case

08/21/2012
Some employees think that any unfair treatment is grounds for a lawsuit under either federal law or California’s Fair Employment and Housing Act (FEHA). Fortunately for em­­ployers, mundane workplace gripes aren’t enough to support a lawsuit.

Win lawsuits the easy way: Always document discipline

08/14/2012
Smart employers have policies that require supervisors to document all discipline. That documentation can come in handy if a discharged employee decides to sue. The fact is, employers usually win lawsuits if they show they had a legitimate reason for an employment decision.

Remind bosses: The wrong choice of words can bolster an employee’s retaliation lawsuit

08/14/2012
Ill-chosen words can haunt incautious supervisors. Example: Using the term “slacker” to describe someone who misses lots of work. Here’s why: Disparaging comments may be proof that the employer retaliated against an employee for taking too much leave.

New hire requests FMLA? Beware retaliation

08/14/2012
Is it protected activity that can’t be punished if an employee who is not yet eligible asks to take FMLA leave? Put another way, can an employer fire an employee who requests FMLA leave before the employee is actually eligible? A federal court has said, “No!” That’s illegal retaliation.

OK to fire employee who complained, if you have rock-solid discharge reasons

08/13/2012

Some employees assume that complaining about harassment or discrimination will protect them from being disciplined. They may have heard or read that the fear of a retaliation lawsuit will make employers so gun-shy that they won’t crack down on misbehavior. Don’t let employees handcuff you like that.

OK to terminate, even after FMLA leave request

08/07/2012
If you were going to terminate an employee before you learned she wanted FMLA leave, you still can. Just be sure you can document when and why the termination decision was made.

Leave policy goes above and beyond FMLA? Make sure court sees your generosity

08/03/2012
If, like many employers, you offer employees more than the required 12 weeks of unpaid FMLA leave in any given year, you may have a powerful response to a disability or FMLA discrimination lawsuit.

Separate who approves FMLA, who disciplines

07/27/2012
Make sure someone other than the supervisor who ordinarily disciplines an employee is responsible for approving and administering FMLA leave. By separating those functions, you minimize the risk that an employee might be able to connect FMLA leave with an adverse action such as termination.

Document handling of vague harassment complaint

07/25/2012
Some employees who are being sexually harassed may be embarrassed or reluctant to talk about it. Rather than come out and say what happened, they beat around the bush. Smart employers document how they handle vague complaints—and take them just as seriously as other complaints.

HR pro on trial: ‘Cat’s paw’ individual liability under Section 1981

07/18/2012
The 7th Circuit recently considered for the first time whether an employee can be individually liable under a “cat’s paw” theory of retaliation under Section 1981. In Smith v. Bray the court held that an employee could sue an HR manager individually for retaliating against him by influencing the decision to fire him.