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Retaliation

Beware even the simplest discipline: Court says oral reprimand can be retaliation

05/13/2011

Ordinarily, when an employee receives a reprimand that doesn’t carry negative consequences, courts won’t consider the reprimand an “adverse employment decision.” As a practical matter, that means an employee can’t base a discrimination lawsuit on a simple reprimand. But that doesn’t mean an oral reprimand can’t be retaliation.

Last-minute complaint shouldn’t derail firing

05/13/2011
Employees who know they’re in trouble often look for ways to set up a lawsuit in case they’re fired. They may file some sort of discrimination complaint right before termination. This can be a winning strategy if the employer hasn’t been careful to document performance or other problems all along. Don’t get caught in that trap.

Vague comments and complaints aren’t protected

05/11/2011
On occasion, an employee may be too embarrassed to directly confront sexual harassment. Instead, she may complain to a supervisor about unspecified problems. If the complaints are vague and wouldn’t cause a reasonable person to understand the issue of sexual harassment, the employee will have a hard time winning a lawsuit.

Bay Pines VA Center chief ends tumultuous reign

05/11/2011
The beleaguered director of the Bay Pines Veterans Administration Hospital in St. Peters­burg has announced he will retire once the Department of Veterans Affairs finds a replacement. His tenure at Bay Pines has been marred by a string of retaliation suits filed by employees.

Co-worker slights aren’t enough for retaliation claim

05/11/2011

Courts recognize that employers can’t control everything employees do. Judges expect employers to educate workers on appropriate conduct, but they don’t expect perfection. If you hear that co-workers have been giving a hard time to an em­ployee who has filed discrimination charges, check it out and tell them to stop. But don’t lose any sleep over minor slights.

Act fast to stop any potential retaliation against worker who complains about bias, harassment

05/11/2011

Many employees who file discrimination claims are on the alert for potential retaliation. That’s why HR should always check back with employees who file harassment or discrimination charges. If those employees report anything that smacks of retaliation, fix the problem right away.

Tell managers: Get over it! Handling ­employee complaints is part of the job

05/06/2011

It gets tiresome hearing complaints all day. But managers need to understand that showing any irritation when an employee gripes may taint any subsequent disciplinary action against the complainer. The best approach is to accept every complaint with a smile and send it on to HR.

Disciplining? Consider employee’s FMLA status

05/06/2011
Employees who take FMLA leave may have a retaliation case if their employers discipline them differently than other employees and can’t explain why. That’s why you must be able to explain every discipline decision and differentiate between seemingly similar conduct.

Lessons from LEAP 2011

05/03/2011
Last month, The HR Specialist hosted the 7th annual Labor  & Employment Law Advanced Practices (LEAP) Symposium in Las Vegas. Here are a few nuggets of insight and advice from the more than 30 attorney speakers:

Whistle-blower claims retaliation by Bexar constable’s office

05/02/2011

Michael DeMarquis worked for the Bexar County Office of the Constable for only five months, but between August and December 2009, he says he compiled an extensive list of illegal practices. Now he’s suing the law enforcement agency, claiming he was fired from his job as a warrant clerk in retaliation after he uncovered the following: