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Retaliation

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?

Train managers: Watch out for language that could be construed as derogatory

05/27/2009

Sometimes, people don’t realize the language they are using may be offensive to members of a protected class. That can happen when a term has been in use for decades or even centuries and has become separated from its original meaning or context. Consider a recent case involving usage of the term “tar baby.”

Can we do anything about an employee who files false harassment claims?

05/27/2009

Q. An employee of ours has filed several sexual harassment complaints. But when we have investigated, they have turned out to be false. Can we do something about her?

Supreme Court nominee Sotomayor brings balanced employment law perspective

05/26/2009

Experts say Judge Sonia Sotomayor, President Obama’s Supreme Court nominee, will bring a pragmatic perspective on employment law to the High Court if she is confirmed. Here’s a rundown of employment law decisions she has rendered from her current seat on the 2nd Circuit Court of Appeals.

Retaliation threat ends when employment does

05/15/2009

Employees who blow the whistle on their employers’ alleged illegal actions are protected from retaliation. But that protection has important limits. One of those is that the retaliation must take place while the employee is still working for the employer.

Settling case? Prevent a second lawsuit by including promise not to reapply

05/13/2009

When you settle a lawsuit involving discrimination or some other employment matter, you typically want that to be the end of it. But what if the former employee applies for an open position? Avoid a second lawsuit by including a condition in the settlement that bars the employee from ever seeking employment with the company again.

It’s your right to demand good performance—even from employees who take FMLA leave

05/11/2009

Employees who take FMLA leave or engage in other protected activities sometimes look for signs their employer is illegally punishing them. They interpret every legitimate request for improvement as retaliation. Fortunately, courts are beginning to reject those frivolous claims.

Worker claimed retaliation? Don’t fear legitimate firing

05/11/2009

Sometimes, employees think all it takes to keep from being fired is a well-timed complaint alleging discrimination, harassment or retaliation. That, they reason, will scare an employer into overlooking poor performance or even criminal behavior. Don’t fall for it.