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Retaliation

Warn bosses against even subtle retaliation

04/27/2009

We can’t say it often enough: Employees can lose discrimination claims and still end up winning big because their employers retaliated against them for complaining in the first place. Don’t let that happen at your organization. Develop a plan to stop retaliation dead in its tracks …

Route all requests for FMLA leave through HR

04/27/2009

Employees who are having work troubles sometimes think they can prevent being fired by asking for FMLA leave. Their ace in the hole if they are fired: They can always sue for retaliation under the FMLA. That only works if those responsible for the termination decision actually know that the employee has asked for FMLA leave …

Don’t be afraid to terminate if manager can’t manage personal relationships

04/27/2009

Some people have more trouble than others managing personal relationships. When such a person has a supervisory role, the result can be disastrous. Don’t fear discharging a lousy manager based on what you observe or find out following an investigation.

Offer alternatives to reporting discrimination straight up the ‘chain of command’

04/27/2009

If an employee suspects his manager of bias, you can’t expect him to go to that particular boss to make a complaint. And you can’t expect to escape a lawsuit if you discipline the employee for going around the boss to report his concerns.

Merely speaking about need for diversity isn’t protected

04/27/2009

Fired employees with vengeance on their minds often go looking for a reason to sue. They often latch on to the charge that they complained about discrimination and then were punished. As the following case shows, it takes more than a casual mention of diversity to constitute a protected action.

Government employees have only limited free-speech protection under First Amendment

04/22/2009

Government employees have the right to speak out on matters of public importance without being punished by their employers, but that right has limitations. One of those involves speaking out on issues that are directly related to the job the employee holds.

Remind bosses: No comments on EEOC complaint

04/17/2009

Many supervisors and managers have yet to learn they shouldn’t make any comments about an employee’s EEOC or other discrimination complaint. Remind supervisors that any comment about employees’ legal claims can be retaliation—and retaliation is much easier to prove than actual discrimination.

Defend against retaliation claims: Good records can stop whistle-blower complaints

04/17/2009

Whistle-blowing employees almost always expect to experience retaliation. They start looking for it as soon as they file a complaint or bring a safety issue to their employers’ attention. Smart employers anticipate this and make absolutely sure that any discipline, layoff or other adverse employment action is wholly justified before they implement it.

Employers aren’t required to offer intermittent FMLA leave for birth, adoptions

04/17/2009

If an employee is taking FMLA leave to care for a newborn or to adopt a child, you can require the person to take any planned FMLA leave in one session. FMLA intermittent leave is not guaranteed for birth and adoption the way it is for other serious conditions that require periodic care.

Warn supervisors not to react to EEOC complaint

04/14/2009

It may be tough, but supervisors must avoid the temptation to lash out when they learn that a subordinate has filed an EEOC or other discrimination claim. Tell them not to discuss the matter with the employee. Instead, let HR and the lawyers handle the problem. It isn’t worth the risk of triggering a retaliation claim.