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Retaliation

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.

Ethics battle rages as Election Day approaches

10/24/2008

State Auditor Les Merritt has released a preliminary report concluding that the State Ethics Commission is “hiding facts from the public” regarding its termination of commission office assistant Amanda Thaxton and a related investigation into whether it gave Democratic gubernatorial candidate Lt. Gov. Beverly Perdue preferential treatment …

Perhaps councilman will next be kissing seat goodbye

10/22/2008

Terri Vaughn, finance director for the Yeadon Borough Council, has filed a sexual harassment and retaliation complaint with the Pennsylvania Human Relations Commission and the EEOC, alleging that council member Terry McGirth kissed her inappropriately on numerous occasions …

Congress gives employees new whistles to blow

10/17/2008

If your business involves creating, distributing or selling consumer products, make sure your managers know they can’t retaliate against employees who voice complaints about the products’ safety …

Firing a ‘That’s not in my job description’ complainer

10/17/2008

Q. The owner of our company recently fired an employee who refused to run a business-related errand. The employee said running errands wasn’t in his job description. Can he sue us for wrongful termination? …

Can we terminate employees on workers’ comp?

10/17/2008

Q. We have two employees who went out on workers’ compensation leave and never came back. They’re still listed as employees. Can we lay them off? …