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  • HR Specialist: Employment Law
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Retaliation

FEHA retaliation must be tied to legit FEHA claim

12/02/2019
Workers who complain about discrimination that’s illegal under California’s Fair Employment and Housing Act are protected from retaliation. Making an initial complaint qualifies as protected activity. But not every complaint is protected.

SOX whistleblower claims must be filed with feds

11/25/2019
The 2nd Circuit Court of Appeals has clarified what employees must do before taking Sarbanes-Oxley Act whistleblower claims to federal court. Employees must first file a complaint with the appropriate federal regulatory agency within 180 days of the alleged employer wrongdoing.

Think twice before firing immediately after employee has filed EEOC complaint

11/25/2019
If you suddenly fire a worker who just filed an EEOC complaint and can’t explain why, expect a retaliation lawsuit. That’s because filing an EEOC complaint is protected activity, so the timing alone looks suspicious.

Don’t delay: Act on termination decision ASAP

11/25/2019
When you have good reason to fire a worker, it makes little sense to put off acting on your decision. That’s especially true if it’s for poor performance. Otherwise, if the employee’s work improves in the interim and he has decided to complain about discrimination, your subsequent termination may look like retaliation.

Federal contractor? You’re subject to False Claims Act

11/07/2019
The False Claims Act prohibits federal contractors from firing whistleblowers who report employer wrongdoing.

Whistleblowers protected by state and federal law

10/10/2019
Under the federal False Claims Act, employees who report alleged fraud in the spending of federal money are protected from retaliation for doing so. If a jury concludes the employer retaliated, the worker is entitled to back and front pay, plus other damages.

Beware retaliation against whistleblowers

09/12/2019
Think twice before disciplining or otherwise punishing an employee who has reported workplace wrongdoing. Whistleblower protection remains in force regardless of the merits of the employee’s allegations.

Review prior complaints before terminating

09/04/2019
Before approving any recommendation to terminate a worker, review HR records to see if the worker has filed any discrimination or harassment complaints. Ensure the recommendation wasn’t motivated by retaliation.

Follow up after discrimination complaint to ensure there’s no retaliation

08/07/2019
Don’t just assume you have fixed a discrimination and harassment problem that was uncovered when someone complained about a supervisor. Check back regularly with the employee who complained to make sure she isn’t experiencing retaliation.

Workers’ comp retaliation or a legitimate discharge?

08/01/2019
Firing someone shortly after he makes a workers’ compensation claim means risking a retaliation lawsuit. To defend, the employer must show the court that there was a legitimate, unrelated reason for the termination.