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Retaliation

Orland Park janitorial company faces discrimination charges

05/17/2010
The EEOC has filed suit against RJB Properties Inc., of Orland Park, charging that the company discriminated against Hispanic employees because of their national origin, sexually harassed a male employee, and retaliated against employees who objected to the discrimination against Latino employees.

Employee thinks he has you over a barrel? If it sounds like extortion, fire him!

05/14/2010

You know that you can’t retaliate against an employee who, in good faith, complains about alleged discrimination. That’s true even if it turns out that he was wrong and no discrimination actually occurred. The key there is “good faith.” It’s not retaliation to fire someone who is simply trying to extort a benefit by making a frivolous complaint.

Beware the cat’s paw: How innocent decisions create liability

05/11/2010

It comes as a bolt out of the blue: The Florida Commission on Human Relations notifies you that there’s “reasonable cause” to believe retaliation was the reason a female employee lost out on a promotion to a male co-worker. But it was a clean promotion process! How did this happen? As it turns out, this is the “cat’s paw” doctrine at work.

Choose one when suing: bias or wrongful termination

05/11/2010
Good news for employers: When an Ohio employee sues for alleged discrimination under state, federal or local anti-discrimination laws, he can’t also add claims that he was wrongly terminated in violation of public policy. The other laws are his sole remedy.

Counter retaliation claims by accurately documenting every employee complaint

05/11/2010

Employees who complain about alleged discrimination are protected from retaliation. But that doesn’t mean it’s protected activity every time someone calls HR to discuss what they think might be discrimination. In order to be protected against retaliation, the employee has to make clear that he opposed an “unlawful employment practice.”

At L.I. strip club, was it discrimination or accommodation?

05/11/2010
The EEOC has taken up the case of a bartender at Long Island’s Casino Royale gentlemen’s club who claims she was demoted after her boss learned she was pregnant.

Tell supervisors and executives: Keep anger to yourself when employee files lawsuit

05/11/2010

Supervisors often get angry when a subordinate files a lawsuit. Sometimes that anger is justified, but supervisors should be careful how and where they vent. The outcome of the lawsuit may depend on how supervisors handle their outrage about being sued. For example, calling a press conference and attacking the employee for suing may not be the most constructive approach.

Never mention the FMLA during discussions about discharge

05/11/2010

One of the best ways to guarantee an employee will get her FMLA case in front of a jury is for her boss to mention her use of FMLA leave while discussing termination. FMLA is a “protected” leave for a reason. A good idea: Have someone neutral from HR deliver the news that the employee is being let go.

Don’t bury FMLA leave taker in catch-up work

05/04/2010

In today’s economic climate, you may be tempted to forgo hiring a temp to fill in for an employee who’s out on FMLA leave. But what will you do if the employee returns to a huge pile of work left undone during her absence? Think twice before you tell her to “catch up or else.”

Ring of fire: Don’t get burned by a reference call

04/28/2010
We’ve all picked up the phone and been asked to give a reference about a former employee. For some, you’re glad they are out of your hair and it’s too late for them to sue you. So you’re honest about the person. But be careful. As a new case shows, it may never be too late for a former employee to take you to court …