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Retaliation

Be specific when crafting claims agreement documents

09/28/2011
Employers can shorten the time employees have to sue by stipulating uniform claims timeframes that cover all disputes. However, you must be very specific about what’s covered.

Conduct truly independent investigations to ferret out retaliation by rogue supervisors

09/28/2011
Employers are liable for the discrimination perpetuated by supervisors unless they can show that, before accepting a supervisor’s termination recommendation, they conducted an independent investigation. Employers that don’t conduct a truly independent investigation—including allowing the subordinate to present his version of events—can still be liable.

Don’t let fear prevent firing of whistle-blower: Your complete records will back you up

09/23/2011
Some whistle-blowing employees think they can’t be disciplined if they report alleged wrongdoing to authorities or upper management. That’s not true. Employers can always discipline employees who break rules or perform poorly. The key is fairness and equal treatment.

Worker wants transfer? Show she requested it

09/23/2011

Poor performers facing disciplinary action may despair when they realize they can’t improve fast enough to avoid termination. Often, that’s when they request a transfer to another open position within the organization. But before you agree to a transfer, be sure to demand the employee’s request in writing and outline exactly why the transfer is being arranged.

4th Circuit: You don’t have to hire applicant who sued former employer for FLSA violations

09/22/2011
The 4th Circuit Court of Appeals has ruled that it’s not retaliation for a prospective employer to refuse to hire someone who sued another employer for wage-and-hour violations under the FLSA. Even so, tread carefully in this area, because the rules could change.

Beware REDA retaliation against ex-employees

09/22/2011

The North Carolina Retaliatory Employment Discrimination Act (REDA) prohibits retaliation when employees engage in protected activity at work. Since REDA protects employees, some employers have argued that the law doesn’t apply to former em­­ployees. It does.

Understand CFRA leave limits: Employees’ reinstatement rights last just 12 weeks

09/16/2011
The Court of Appeal of California has clarified that employees taking California Family Rights Act leave are entitled to reinstatement to the same or an equivalent job only if they return at the end of their 12 weeks of leave or earlier. They can’t take additional non-CFRA leave to ex­­­tend their return rights.

EEOC targets Pine City firm for yet another ADA case

09/16/2011
For the second time since 2009, Product Fabricators is being charged with disability discrimination. Accord­­ing to an EEOC complaint, the Pine City-based sheet metal manufacturer fired an injured employee instead of accommodating him.

PwC sued for alleged bias, retaliation in Tampa office

09/13/2011
An Arab-American of Moroccan descent has charged consulting giant PwC (formerly Pricewaters­houseCoopers) with discrimination and retaliation after it fired him and allegedly orchestrated his firing from another firm.

Does your organization rely on federal funding? Beware False Claims Act lawsuits

09/13/2011
There’s a new legal worry for organizations that receive federal funding contingent on complying with performance conditions. Under the federal False Claims Act (FCA), employees reporting wrongdoing may receive a whistle-blower award worth up to 25% of funds wrongly received by their employer.