• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Employment Law

Retaliation long after employee complained? Courts skeptical when years pass without incident

02/09/2011
Judges understand that human emotion plays a part in some personnel actions—especially in cases involving alleged retaliation. They know that if an employer was planning to retaliate for something an employee did, it wouldn’t wait several years to act.

IWW gets 2nd shot to represent Twin Cities fast-food workers

02/09/2011
One of the few union organizing efforts in the fast-food business will get another chance. The Industrial Workers of the World lost an October 2010 unionization vote at Twin Cities area Jimmy John’s restaurants. But unfair labor practices charges against the franchisee who owns the 10 restaurants mean a new vote is likely in coming months.

Worry that boss is a bully? Ask subordinates

02/09/2011

You hear a lot about bullies and bullying these days, especially in schools. But bullies grow up. If they’re not stopped, they bring intimidation and violence into the workplace. What’s worse, some of them will become supervisors. If you get wind of a potential bully boss, here’s what to do:

Don’t get even: The rules, risks of post-employment retaliation

02/09/2011

The typical retaliation scenario involves an employer firing an employee who has complained about discrimination or engaged in some other protected activity. What happens, however, if the employer retaliates after the end of the employment relationship? Do the anti-retaliation laws cover allegations of post-employment misconduct? The short answer is yes.

NLRB sanctions Toledo industrial cleaning company

02/09/2011
The National Labor Relations Board has come down hard on Toledo-based Bebley Enterprises, ruling that the company illegally terminated a collective bargaining agreement, stopped contributing to the union’s benefit program, quit collecting union dues and harassed employees who were loyal to the union.

Nobel learns the hard way: ADA violations are costly

02/09/2011
For-profit education company Nobel Learning Centers (NLC), has agreed to settle charges it excluded disabled children from its programs in violation of the ADA. Although the settlement involves ADA public-access issues, it has important implications for employers.

Federal workers have 45 days to complain of bias internally

02/09/2011
Federal employees who allege disability discrimination have to complain to an internal equal employment opportunity officer within 45 days of the alleged discrimination—unless they can show their employer had a discriminatory policy (not practice). But that’s hard to do.

Court makes quick work of groundless lawsuits

02/09/2011
Applicants, employees and former employees who lack financial resources can still sue employers in federal court. But that doesn’t mean the judge considering such a case will entertain it for long if it appears to lack merit.

Bias lawsuit alert: If you use job tests, your legal team better include statisticians, too!

02/09/2011

Employment tests generally are a legal minefield. If members of a protected class score significantly lower than other groups, you can expect a lawsuit alleging the test had a disparate impact. And as the following case shows, even court-approved testing procedures are no protection.

Tempted to give negative reference? Watch out!

02/09/2011
If a company that’s considering hiring one of your former employees calls for a reference check, think twice before saying you can’t recommend him. If that employee engaged in protected activity while working for you, he may see your negative reference as retaliation for that activity. And that may spur a lawsuit.