Retaliation

Lawsuit alert: Beware disciplining for infractions of seldom-enforced rules

03/15/2019

Sometimes, supervisors get frustrated with workers they consider trouble makers because they complain all the time. Those bosses need to think twice before they retaliate by strictly enforcing work rules—especially if they have often ignored those rules in the past.

Workers’ comp: What happens in Texas stays in Texas

03/06/2019

Employees claiming retaliation for making a workers’ compensation claim in Texas can’t make a federal case out of it. Such claims must be heard in state courts.

Calif. State Senate pays ex-staffer $350,000 after sexual assault

02/22/2019

A former California State Senate staffer who alleged she was sexually assaulted by another Senate employee after a night out in Sacramento has accepted $350,000 to settle charges she was fired in retaliation for reporting the incident.

Run-of-the-mill gripes don’t justify lawsuits

02/22/2019

Courts require employees to have fairly thick skins. Ordinary annoyances aren’t reason enough to quit.

Welcome aboard! Never mind! Document why you rescinded job offer

02/13/2019

Employers that tell an applicant she’s hired and then yank the offer should be prepared to give a legitimate, business-related reason. Carefully document the reason in case the applicant later sues.

Remind staff: Contractors aren’t employees

02/13/2019

The more control you exert, the more likely your organization will be on the hook as the employer in any lawsuit.

Track requests to show: It was his idea!

02/12/2019

When an employee asks for a transfer or some other change to his working conditions, be sure you track the request. That way, if he later alleges coercion, discrimination or retaliation, you can show it was all his idea in the first place.

RICO doesn’t cover employment law violations

01/31/2019

An employer has won a case that could have greatly complicated employment law litigation. A federal court has refused to allow a Racketeer Influenced and Corrupt Organizations Act claim against an employer for using phones and the internet to discuss terminating an employee.

Prepare to show you would have disciplined even if employee wasn’t a whistleblower

01/22/2019

Sometimes, an employee may decide to take revenge if she perceives she has been unfairly disciplined. If she does so by becoming a whistleblower, she may believe that protects her from eventual termination. That’s not true if the employer can persuade a court it would have disciplined or fired her whether she reported alleged wrongdoing or not.

Fair treatment is your best defense against bias claims

01/11/2019

Your best defense to any employment lawsuit is to be able to show that you always treat everyone fairly. You will be able to sleep well at night knowing it will be hard to prove you were liable for discrimination or retaliation.