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Retaliation

Never base RIF decision on FMLA leave status

11/16/2011

Employees who take FMLA leave don’t enjoy greater protection than anyone else when it comes to reductions in force. If a position would have been eliminated regardless of whether the employee took FMLA leave, then the termination doesn’t violate the law. On the other hand, it’s dangerous to change who is scheduled to be laid off after learning that an em­­ployee plans to take FMLA leave.

When can you fire worker who filed complaint?

11/09/2011

Employees often mistakenly believe that if they complain to HR about discrimination or harassment, they somehow become untouchable. They assume that anything negative that happens shortly after must be retaliation. That’s simply not the case. If the employee breaks a rule, he’s not immune from the usual and customary punishment.

Woodbury broker sued for retaliation after bias probe

11/01/2011
The EEOC is suing Woodbury-based insurance broker Sterling and Sterling on behalf of a former employee who says she was fired for cooperating with an EEOC investigation.

Isolated, subjective incident doesn’t justify bias lawsuit

11/01/2011
Some employees always have a chip on their shoulders. They interpret every comment as criticism—and then blame work problems on discrimination. Fortunately, not every look, comment or gesture leads to a successful employee lawsuit.

When good performer is suddenly disciplined, consider that a red flag for retaliation

10/31/2011
Before authorizing a transfer, demotion or other adverse action based on poor performance, make sure you check the employee’s file. That’s especially true if the em­­ployee (or someone closely associated with the employee) has recently filed an EEOC complaint or lawsuit or other­wise engaged in protected activity.

Better treatment after claim? That’s hardly punishment

10/25/2011

Employees who complain about har­­assment are protected from retaliation. It follows that if the employee is promoted and gets a raise, he can’t argue that he was punished. One employee’s case before the 9th Circuit Court failed because his employer treated him well after he complained.

Fresno laser clinic sees light on harassment

10/25/2011

Employers don’t just have to protect employees from harassment by co-workers and supervisors. They’re also responsible for keeping employees safe from others they must interact with on the job. American Laser Centers, the largest laser hair removal company in the U.S., found that out the hard way.

HR ethics on trial: Whose side are you on?

10/24/2011

Sometimes, HR pros go to bat for em­­ployees when they think the company is overstepping its legal bounda­ries or generally not doing “the right thing” for the worker. But what happens when HR sticks its neck out and, in turn, gets it chopped off?

Be alert for retaliation suit if manager reports that a colleague discriminates or harasses

10/18/2011

It’s protected activity if a manager reports to HR that another manager has been treating subordinates who belong to a protected class more harshly than other subordinates. Punishing the reporting manager for doing so could be retaliation.

Take control of your internal complaint process

10/18/2011
Employees can’t be punished for reporting alleged discrimination. That would be retaliation. But with­­in reasonable limits, managers have the right to tell employees how to report alleged discrimination.