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Retaliation

How not to fire complaining employee: Use pretext, don’t document real reasons

02/02/2009

Before firing any employee who has filed a harassment complaint, make sure your reasons are solid—and extremely well documented. That means checking to make sure supervisors followed company rules. Ensure that other employees with similar records were also fired. And be sure all documentation you are relying on was clearly created before the discrimination complaint.

Texas town settles retaliation lawsuit with firefighter

02/02/2009

The city of Grand Prairie recently agreed to settle for $150,000 in a retaliation suit brought by a firefighter who says top brass objected when he tried to protect a co-worker from harassment.

Avoiding employee lawsuits: 5 lessons from the court

01/27/2009
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Stick with objective assessments to ensure your processes aren’t swayed by bias

01/27/2009

Assessing employee performance or potential using subjective measures is one of the fastest ways to wind up in court. Employers that stick with objective, carefully tailored assessments are much less likely to lose bias lawsuits because there’s little chance for hidden bias to creep into the process.

Understand the North Carolina Persons with Disabilities Protection Act

01/27/2009

North Carolina law has long protected disabled North Carolinians from discrimination. The North Carolina Persons with Disabilities Protection Act was originally called the Handicapped Persons Protection Act and became law in 1985. The act is broad in scope, and many of its protections apply directly to employment matters.

Court: Discord from co-workers, bosses isn’t retaliation

01/27/2009

Galloway Police Department Officer Robert Bauer filed a lawsuit claiming co-workers retaliated against him for refusing to engage in what he considered unethical acts. A lower court dismissed his suit, and now an appeals court has upheld the dismissal.

High court clears way for more retaliation suits

01/27/2009

On Jan. 26, the U.S. Supreme Court unanimously ruled that Title VII protects from retaliation employees who cooperate with employers’ internal harassment investigations. Some attorneys worry the decision will open the litigation floodgates for employees who believe they have suffered retaliation.

Senate begins confirming Obama’s HR-related Cabinet nominees

01/21/2009

Expect swift confirmation of President Obama’s nominees to head the U.S. Departments of Homeland Security, Labor and Justice. And expect the Obama administration to take a far harder line than the Bush administration did against organizations that break employment-related laws.

Know when to fold ’em: Sometimes, settling lawsuit is wisest move

01/16/2009

Even bosses who’ve been taught that one word can trigger a harassment or discrimination lawsuit can put their foot firmly in their mouths. If that’s the case and an employee starts the legal wheels in motion, it’s usually best to settle the case and move on.

Warn managers: Even years later, acting against whistle-blower can be retaliation

01/13/2009

Genuine whistle-blowers are protected against retaliation under the Minnesota Whistleblower Act even if the retaliation occurs years later. Caution management to avoid any action that smacks of punishing an employee for instigating or cooperating with a criminal investigation of alleged company wrongdoing.