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Retaliation

Uniformly enforce blanket ‘no-hire’ policies

03/01/2010

Some employers don’t want to hire applicants who haven’t succeeded elsewhere and create a blanket no-hire rule for any applicant who isn’t eligible for rehire by a former employer. If you’re tempted to do the same, make sure you enforce the rule uniformly and don’t make exceptions.

Retaliation: General griping isn’t protected activity

03/01/2010

Employees sometimes gripe rather generally about working conditions. If those complaints don’t relate to some specific allegation based on protected characteristics like sex, age, national origin or the like, courts probably won’t consider the complaint protected activity that sets up a retaliation lawsuit.

Freeport HR director sues for defamation, retaliation, bias

03/01/2010

A former city of Freeport HR director has sued the municipality and one of its administrators for defamation and retaliation, and is charging that she was paid less than a male co-worker. Minette Ashley filed suit in Brazoria County District Court after City Manager Jeff Pynes fired her and then accused her of bias.

Poor performer getting ax? Don’t rush process

03/01/2010

You’ve documented the poor performance. You’ve been careful to keep things professional, even as you’ve concluded you’ll probably have to fire the employee. Then he files a discrimination complaint. Avoid the temptation to speed up the usual disciplinary process.

Don’t let supervisor punish employees who cooperate in investigation

02/26/2010

If you discipline a supervisor for discrimination, make sure you can reassure employees who cooperated in the investigation that the supervisor won’t turn around and punish them.

OSHA loses patience, Freehold executive loses car

02/22/2010

When OSHA said it had received an anonymous complaint about safety conditions at one of Brocon Petroleum’s work sites, executives there had a pretty good idea who made the call. So the Freehold-based company fired the employee. OSHA did not take it well …

Former Freeport fire chief sounds the retaliation alarm

02/12/2010

Freeport’s former fire chief has sued the city and the city manager, claiming he was wrongfully terminated for reporting an alleged violation of the Texas Open Meetings Act.

Bosses: When handling serial complainers, zip it

02/01/2010

For a few employees, every workplace problem has its roots in some kind of discrimination. They’re the ones who continually file bias complaints, and they’re a continual source of frustration for supervisors who must constantly fend off unfounded accusations. Warn those bosses that overreacting will only lead to more trouble.

Whistle-blower retaliation just got more expensive in N.Y.

02/01/2010

A new state law significantly increases the penalties against employers that retaliate against whistle-blowers—by 1000%. Passed by the New York State Assembly last summer and enacted at the end of 2009, the new law sets the minimum fine for whistle-blower retaliation at $2,000.

Retaliation nation: Manage adverse actions to lessen retaliation

02/01/2010

Virtually every federal employment law has an anti-retaliation provision—they would be toothless tigers without them. Employees who can’t prove outright discrimination often try the retaliation route. The EEOC handled a record-high 33,613 retaliation complaints in 2009. As a result, employers must tread carefully when dealing with an employee who has exercised his or her rights under any federal law.