Retaliation

Top management wants to ax ‘troublemaker’? Beware wrongful termination retaliation

07/01/2012

There are some things employers just can’t do, no matter what a senior manager may want. For example, you can’t punish a good employee for pointing out potential legal violations.

Warn bosses: Don’t discuss bias complaints

06/28/2012

When employees face discipline (or fear they might be punished soon), they’ll often file a preemptive EEOC complaint. Then, when discipline comes down, they argue that it was in retaliation for complaining. To make such a case, an employee must show that the people involved in the discipline knew about the complaint. If they didn’t, there can be no retaliation.

Public employer? Beware retaliation against employee who testifies in civil rights case

06/20/2012

Ordinarily, civil servants have qualified immunity for actions arising from their official duties as government workers. But punishing a subordinate for testifying in a civil rights lawsuit clearly destroys that immunity.

Remember, ‘persons’ can report FEHA violations–even if they’re partners in the business

06/20/2012

The Court of Appeal of California has ruled for the first time that a partner who reports sexual harassment is protected from retaliation under the Fair Employment and Housing Act (FEHA).

Former employee who sued applies for new job? Take extra care about who does the hiring

06/18/2012

Sometimes, employers settle an employee lawsuit and expect that to be the end of the matter. But unless the settlement includes an agreement not to apply for any new job openings, the former employee may do just that. And if he’s not hired, he may allege retaliation for prior litigation.

ADA alert: Define essential job functions before anyone requests reasonable accommodations

06/18/2012

Unless you’re willing to risk losing an ADA reasonable accommodations lawsuit, don’t wait to define the essential functions of your employees’ jobs.

Discipline hothead who won’t accept decision

06/15/2012

Smart employers try to fix discrimination and harassment problems right away. But sometimes the complaining employee wants more than the employer is willing to give and simply gets angry. If anger turns into insubordination, you can discipline without fear of losing a lawsuit.

OSHA seeks reinstatement of art school whistle-blower

06/11/2012

OSHA is suing the Manatee School for the Arts in Palmetto after it fired an employee who complained to the feds about safety concerns.

FMLA mentioned? Beware inadvertent retaliation

05/30/2012

After an employee tells you he needs FMLA leave, don’t let that information affect your decision-making about promotions or transfers. That could trigger a lawsuit.

Workers’ comp claim? Resist urge to retaliate!

05/25/2012

The North Carolina Retaliatory Employment Discrimination Act outlaws discharging employees for filing workers’ compensation claims. It’s a protected activity. Equally illegal: Jumping the gun by firing employees before they actually fill out the workers’ compensation paperwork.