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Retaliation

HR can’t always save the day when bosses go overboard

03/14/2011
HR can’t right all wrongs. When a supervisor rashly fires an employee for filing a complaint, not even fast action by HR to reinstate the employee can save the company from liability.

Your best defense against failure-to-hire suits: Sound hiring process, complete documentation

03/14/2011

It’s one of the HR profession’s hard truths: You never know which applicant may sue you if he or she isn’t hired. That means you must be ready to defend every hiring decision. The best way is to have a clear routine that everyone involved in the hiring process must use.

NLRB: Pre-emptive firing to prevent employees from discussing pay and benefits is illegal

03/09/2011
In a recent case, the National Labor Relations Board ruled that employers unlawfully interfere with an employee’s rights if they terminate the person in anticipation that he might discuss working conditions with his co-workers in the future.

Opposing unemployment comp isn’t retaliation

03/04/2011
A federal court has dismissed a case that could have created big headaches for any employer trying to prevent a discharged employee from receiving unemployment compensation benefits.

Warn bosses: No retaliation for complaining

03/04/2011

Some supervisors can’t or won’t refrain from finding ways to punish employees who complain about alleged harassment or discrimination. That’s why it’s important for someone in HR to follow up on every complaint—even if it turns out to be unfounded—and ask whether there’s been any retaliation.

Supreme Court rules on third-party retaliation: Relatives protected

03/04/2011

The U.S. Supreme Court has held that an employee who was fired shortly after his fiancée filed a bias charge against their employer may sue for third-party retaliation under Title VII. According to the court, the employee could be considered an “aggrieved person” because he was “well within the zone of interests sought to be protected by Title VII.” What’s the practical impact for employers?

Remind bosses: Reference check calls go to HR

03/01/2011
If your managers and supervisors respond to reference calls by offering negative information, a lawsuit is probably coming. One reason: A whole new industry has emerged to help former employees find out what their old bosses are saying about them. That makes it more important than ever to refer all reference check calls to HR.

High court opens door to ‘third party’ retaliation

03/01/2011
The U.S. Supreme Court last month widened the circle of people who can bring retaliation lawsuits under Title VII of the Civil Rights Act. As a result, HR and supervisors everywhere must be extra cautious about handing out discipline or terminations that could be construed as some sort of retaliation.

Veteran complaining of USERRA violation? Don’t even think about using that against him

02/28/2011

It’s often easy for employees to prove retaliation than whatever alleged bias may have preceded the retaliation. For cases involving employees who are also members of the armed forces, it’s even easier. They’re protected by USERRA.

Amtrak faces equal pay suit

02/28/2011
The EEOC is suing Amtrak for pay discrimination and retaliation, following allegations by a female HR manager at Philadelphia’s 30th Street Station that the railroad underpaid her because she is a woman. She also claims Amtrak started excluding her from important meetings after she complained.