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Retaliation

Suspend employee who makes veiled threats

11/06/2008

Could a stressed-out employee who makes veiled threats be a danger to himself or others? It’s the kind of quandary that keeps HR pros awake at night. And because the stakes are potentially high, it’s hard to know what to do. The most prudent course of action: Suspend the employee until you can sort matters out.

‘Cold shoulder’ doesn’t add up to retaliation

11/06/2008

An employee who can’t prove she actually suffered discrimination can still win a retaliation lawsuit—if she can show that her employer retaliated against her for complaining about alleged discrimination. That doesn’t mean, however, that anything negative that happens to the employee adds up to retaliation.

 

One less tune for whistle-blowers to play: Sarbanes-Oxley Act trumps Colorado common law

11/06/2008

Good news: Employees who allege they were fired for blowing the whistle on their employers for activities that violated the federal Sarbanes-Oxley Act can’t also sue under Colorado’s common-law public-policy exception to at-will employment.

Tell bosses: Accept settlement without comment

11/06/2008

Sometimes, it makes sense to settle an EEOC complaint rather than risk a lawsuit and all the costs that go along with litigation. Of course, that settlement probably will come out of some department’s budget. Warn the department manager to take the hit with grace and resist the temptation to show anger or resentment.

Constructive discharge a tough sell after you ask to be fired

11/06/2008

Mary Barone had worked for United Airlines since 1995. In 2005, she was promoted to manager of business process administration in Denver. Eventually, Barone sued for discrimination and retaliation, alleging constructive discharge—essentially that she had no choice but to resign.

Hostile e-mail was grounds for firing, federal court finds

11/06/2008

Pamela Stoney worked as a sales manager for Atlanta-based Cingular Wireless (subsequently AT&T) in Colorado. After the company fired her for insubordination, Stoney filed a complaint with the Colorado Civil Rights Division, claiming age and gender discrimination and retaliation …

Thorough and confidential investigation is best HR response when harassment strikes

11/04/2008

It’s bound to happen. An employee will complain about supposed sexual harassment and you will have to investigate. How you handle that investigation could make the difference between winning a retaliation lawsuit and losing it—big time. Here’s the best approach:

Both love and justice are blind: Consider banning boss/employee relationships

10/28/2008

Does your handbook and employment policy specify that supervisors and subordinates shouldn’t develop personal, romantic or sexual relationships? If not, consider adding such a provision. It can go a long way to avoiding potential lawsuits when those relationships go bad.

Beware bigger penalties for wage-and-hour claims under N.J. whistle-blower law

10/27/2008

Employees and their lawyers are always looking for more ways to wring money out of employers that make mistakes. The latest trend in wage-and-hour cases, for example, is to file an FLSA lawsuit and then seek to collect additional damages by tacking on additional claims under New Jersey’s Conscientious Employee Protection Act. Here’s how …

Remind bosses: No reprisals for complaining

10/24/2008

It’s easy to understand why supervisors and managers get upset when one of their subordinates files an EEOC complaint. After all, how can you not take it personally if someone says you discriminated based on race or sex or for some other illegal reason? But the worst thing those managers and supervisors can do is punish the subordinate.