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Retaliation

Warn bosses: One wisecrack can mean trouble

11/13/2009

When supervisors and managers have to deal with an employee they perceive as trouble, emotions can take over. That’s bad news. Warn them that anytime they have to deliver bad news to an employee—for example, while disciplining or firing—they must refrain from making smart-aleck comments. Wisecracks are too easy to misinterpret, especially if the employee already thinks the employer is out to get him.

Watch out for retaliation—even if employee never made formal discrimination complaint

11/11/2009

Employees who come to HR with complaints about alleged discrimination are protected from retaliation, as are employees who go to the EEOC or state and local anti-discrimination agencies. But what about employees who voice informal complaints? They’re protected from retaliation, too, even if all they did was simply voice concerns about how the company is treating other employees.

Consider ADA needs, FMLA requests separately

11/09/2009

Employees who aren’t disabled under the ADA can still be eligible for FMLA leave because a health condition can be serious without being a disability. That means you really need to consider requests for ADA accommodations separately from any requests for FMLA time off. Don’t make the mistake of assuming that denying an ADA accommodation means you can deny FMLA leave, too.

Monitor boss for retaliation after complaint

11/09/2009

Supervisors sometimes get angry when employees accuse them of some form of discrimination. But if that anger spills over into increased scrutiny, more job tasks and other unpleasant conditions for the employees who complained, count on even more legal trouble. That’s why HR must do more than simply warn supervisors against retaliation.

Ratting out co-worker is whistle-blowing

11/09/2009

Employees who report wrongdoing by other employees are protected from retaliation by the Florida Whistleblower Act. The law covers objecting to or refusing to participate in an employer’s illegal activity, policy or practice, or an illegal activity of anyone acting within the legitimate scope of employment for the employer.

DCF whistle-blower wins $1 million verdict

11/09/2009

Gerolyn Shapiro, a former child welfare investigator, sued the Florida Department of Children and Families (DCF) for wrongful termination and retaliation under the state’s whistle-blower statute. A jury awarded Shapiro $1 million.

DFW-area firm settles harassment suit for $60,000

11/02/2009

Greater Metroplex Interiors, a Southlake drywall and light construction company, has agreed to settle claims that it fired a female employee in retaliation for her complaints about sexual harassment and gender discrimination.

Pay attention to spontaneous bias complaint

10/23/2009

Employees who complain about alleged discrimination engage in what is commonly called “protected activity”—and that means they can’t be punished for doing so. Thus, it’s illegal to retaliate against an employee who goes to HR to report possible discrimination. But what about employees who never come forward on their own, but who simply respond to a supervisor’s question about equal treatment? Are they also protected?

Carefully review all post-complaint actions

10/20/2009

Employees who complain about discrimination can win retaliation cases even if it turns out their underlying complaint didn’t amount to discrimination. That’s why it’s so important to review all post-complaint discipline—to make sure it’s fair, justified and not potential retaliation.

Whistle-blowers protected for flagging shareholder fraud

10/20/2009

The Sarbanes-Oxley Act makes it illegal to retaliate against an employee who blows the whistle on potential shareholder fraud.