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Retaliation

Issuing a reprimand? That’s not retaliation

05/11/2009

Don’t think that just because an employee has filed an internal or EEOC discrimination complaint, you have to treat him with kid gloves. You can and should manage the employee just like you would any other staff member. Rest assured, issuing a reprimand or other mild disciplinary actions isn’t enough to support a retaliation lawsuit.

Beware firing after employee files workers’ comp claim

05/11/2009

Florida employees are protected from retaliation for filing workers’ compensation claims. Any move that may be seen as punishment or retaliation—that comes shortly after an employee files for workers’ comp—may lead to a lawsuit based almost entirely on timing alone.

Law doesn’t cover blowing whistle on co-workers

05/11/2009

Florida employees are protected from retaliation for whistle-blowing, but courts have been limiting what they consider to be blowing the whistle. For example, in one recent case, a court concluded that a co-worker’s attempts to report a fellow pharmacy worker’s lax prescription practices was not whistle-blowing.

What’s likely to happen when an employee waits two months to charge harassment?

05/11/2009

Q. A female employee has made a hostile environment claim for the first time. She alleged that her male supervisor began sexually harassing her more than two months ago. She claims she didn’t complain sooner because she feared her supervisor would retaliate against her. Based on her excuse, will we still be able to defend against a lawsuit claim by asserting that she unreasonably failed to use the complaint procedure available to her to prevent and stop any alleged harassment?

Support exempt decisions with job analysis

05/06/2009

If an employee asks to be reclassified from nonexempt to exempt, make sure you carefully look at her position to determine her proper classification. If you have a legitimate reason for your classification decision, chances are she won’t be able to win a claim that you discriminated when you refused to reclassify her as an exempt employee.

Check for retaliation before disciplining employee who requested ADA accommodations

05/06/2009

Do you have a manager who wants to discipline an employee who just requested a reasonable accommodation under the ADA? Before you approve the discipline, make sure the manager can document past problems or that the discipline is warranted based on a serious rule infraction that has happened since the request.

Hey, look, we’re on TV! Better fire that guy!

05/06/2009

The U.S. Department of Labor has settled with Triple B Cleaning, a Houston company, that it claims illegally fired an employee who had complained about workplace safety issues to local news media.

Don’t worry about retaliation charge if all you did was ask worker to fill in

05/06/2009

It should come as no surprise that employees look for subtle as well as blatant retaliation. In one recent case, the employee thought that being asked to fill in (without being paid extra) for another employee who was on maternity leave was retaliation for her own discrimination complaint.

A gray area: What to do when older workers start to coast

05/05/2009

When employees approach retirement, they sometimes go on autopilot, frustrating everyone involved, including co-workers and supervisors. But you can demand productivity from such employees and discipline them accordingly. Just be prepared to take special steps to stay away from age bias claims.

Warn bosses: No negative comments on injuries

05/04/2009

There’s a fine line between legitimate concerns that an employee is abusing the workers’ compensation system and punishing the employee who has a legitimate claim. Here’s the best way to handle the problem.