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Retaliation

Feel free to reassign employees if it’s justified—you won’t be liable for retaliation

06/12/2009

Ever since the Supreme Court decided the White v. Burlington Northern case in 2004, retaliation lawsuits have been all the rage. But lately there’s been good news for employers. Courts have been refining the retaliation standard for almost five years and have begun concluding that truly minor work changes aren’t retaliation.

You’re now strictly liable for supervisor sexual harassment

06/12/2009

In a significant ruling interpreting the Illinois Human Rights Act, the Illinois Supreme Court recently expanded employers’ potential exposure to sexual harassment claims and damages by holding that an employer is strictly liable for sexual harassment committed by a supervisor, even if the supervisor does not directly supervise the employee who is harassed.

You don’t need a Sherlock Holmes investigation to deny ERISA benefits

06/05/2009

A federal appeals court has made it harder for employees to challenge your decision to deny a benefit covered by the Employee Retirement Income Security Act (ERISA).

Settling case? Consider ‘no rehire’ clause

06/05/2009

The main reason to settle a case is to make the whole thing go away. But when you settle with a former employee, consider the possibility that she may apply for open positions in the future. If you want to avoid a second round of litigation, consider including a “no rehire” clause in the settlement agreement.

Beware vengeful boss’s shadowy retaliation

06/01/2009

Even if someone else in the management hierarchy actually terminates an employee, a supervisor who’s seemingly had it in for the employee can still cause a world of legal headaches for the employer. This is the so-called “cat’s paw” legal theory, which holds that employers are liable if they approve a recommendation that is based on illegal motives such as retaliation.

Fire employee who has filed complaint … if you’re prepared to address retaliation

06/01/2009

Employers often get into trouble when they punish someone who has filed an internal harassment or discrimination complaint. But that doesn’t mean you shouldn’t discipline employees for legitimate reasons just because they filed an unrelated complaint. The key is being able to show a good reason for your actions.

Law prof sues for retaliation in wake of husband’s own suit

06/01/2009

Law instructor Rosanne Platt has filed an EEOC and Texas Workforce Commission Civil Rights Division lawsuit against her former employer, the St. Mary’s University School of Law. Platt alleges that her contract was not renewed after her husband filed a lawsuit against the San Antonio law school.

Firing after FMLA leave: How soon is ‘too soon’?

05/27/2009

An employer fired a worker just six weeks after she returned from FMLA leave. Six weeks is like a nanosecond on the retaliation stopwatch. But the court still dismissed the case. Why?

Beware individual liability under FMLA and CEPA

05/27/2009

Here’s another reason for managers and supervisors to pay attention during FMLA and Conscientious Employee Protection Act (CEPA) training. If they make a mistake, they may be personally liable under both laws.

A deal’s a deal: Good settlements prevent subsequent litigation

05/27/2009

Relatively few lawsuits—including discrimination and employment-related cases—are actually tried in a courtroom. In most cases, the parties reach a private settlement. But what happens if the parties reach a settlement and the employer holds up its end of the bargain, only to have the employee have second thoughts and bring another lawsuit?