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Employment Law

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.

With no explanation for firing, man files reverse-bias lawsuit

10/31/2011
A white man who was fired from his management position at a McKinney manufacturer is suing his former employer for reverse discrimination, claiming he was let go to clear the way for a black employee to take the job.

Innuendo alone doesn’t amount to harassment

10/31/2011
Generally, anti-discrimination laws are designed to punish egregious offenses rather than rude or inconsiderate behavior. That’s good news for employers dealing with isolated, sexually suggestive comments or behavior.

Safety first if alleged sex offender applies

10/31/2011
An employer that knows an applicant has been accused of sexual harassment or abuse can use that as grounds for refusing to hire. That’s true even if the applicant was never found criminally guilty or lost a lawsuit based on the allegations.

Solving for the unknown: No duty to accommodate disability that employee never revealed

10/31/2011
Some disabled employees never tell employers about their con­­ditions—even if their disability could affect performance. And of course you know you shouldn’t treat employees as disabled unless they claim a disability. But what if you fire someone for poor performance?

Aggressive defense makes short work of litigation

10/31/2011
Never ignore an employee lawsuit, even if you think it is frivolous. In­­stead, prepare to defend yourself as soon as possible. That way, you can push for a quick dismissal if it’s clear the employee has no case.

Faced with allegations boss is biased, investigate ASAP and fire if necessary

10/31/2011
Sometimes an employee who complains that his supervisor is biased is absolutely right. If it turns out that a worker’s accusation of discrimination is true, don’t hesitate to fire the supervisor and move on.

Judge says injured whistle-blower got railroaded

10/31/2011
An administrative law judge has ruled that Norfolk Southern Rail­way must pay a former employee $122,199 in compensatory and punitive damages after it violated the worker’s rights under whistle-blower provisions of the Federal Railway Safety Act.

MSHA sues granite mine to force it to pay overdue fine

10/31/2011
When the federal Mine Safety and Health Administration (MSHA) cited the owners of a Caldwell County gran­ite mine for 103 safety violations, the company didn’t contest the resulting fines. But they didn’t pay them either, and now the MSHA is suing to collect.

Beware the ever-expanding EEOC harassment lawsuit

10/31/2011
Here’s a worry for employers facing sexual harassment charges: If the EEOC decides to take up the case, it can expand the charges to include employees who never actually complained about the harassment and aren’t even around anymore.