Retaliation

Sometimes, delayed firing won’t stop retaliation claim

01/07/2019

Generally, when a worker claims he was fired for engaging in protected activity, the sooner after the protected activity the discharge occurred, the more likely a court will find that the firing was retaliation. But waiting to terminate doesn’t help if you still reference an earlier event.

Court hearing federal whistleblower case upholds broad arbitration agreement

01/04/2019

A federal court in Texas has upheld a broad arbitration clause, concluding it applies to all claims related to employment.

8th Circuit refuses to entertain sweeping expansion of religious discrimination claims

01/02/2019

The EEOC has argued that merely requesting a religiously based reasonable accommodation is protected activity and that any adverse employment action that follows may be retaliation for making the request. But the 8th Circuit declined the invitation.

A new protected class? Don’t have a cow! Yet

12/11/2018

A British employment tribunal is expected to hear a case brought by a man who alleges he was unlawfully sacked because he is a vegan.

Milton, Pa. truck wash accused of harassment, discrimination

12/06/2018

Eagle United Truck Wash, a national chain, faces charges it permitted severe harassment of a black employee at its Milton facility—and then retaliated against him after he complained.

Fired after using FMLA leave? Expect lawsuit

12/06/2018

Firing an employee while referencing use of FMLA leave may trigger a retaliation lawsuit.

Always record the date when you made a decision to fire

12/04/2018

Do you note the date and time of every termination decision? If not, you should.

Don’t assign disciplinary points for reporting injuries

11/19/2018

A federal court awarded a machine operator in Wisconsin $100,000 in back wages and compensatory damages after he was fired soon after reporting an on-the-job injury.

Contractors can sue for bystander retaliation

11/14/2018

If employees say something when they witness sexual harassment, a corporate culture that tolerates sexual harassment will begin to change. But what happens if an independent contractor or temporary worker reports witnessing sexual harassment? Is he or she protected from retaliation?

Document time of performance problems in case employee registers bogus complaints

11/06/2018

Employees who face discipline sometimes fight back with their own discrimination complaints. Terminating such an employee shortly afterward can look suspiciously like the complaint precipitated the discipline. The best way to prevent that impression is to carefully document the reasons for the disciplinary meeting in the first place.