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Retaliation

Track discipline to avoid retaliation against worker who charged discrimination

10/07/2008

It sometimes feels ominous when an employee accuses the company or a supervisor of discrimination and takes a complaint to the EEOC or some other agency. But those cases often reach settlement before they get out of hand. Then everyone has to get along, especially if the settlement includes reinstating the employee. HR should take the lead in making sure a potentially awkward situation works smoothly.

Gristede’s finds you can’t have it both ways on FLSA

10/01/2008

A class of more than 400 current and former managers at Gristede’s grocery stores won summary judgment in federal court on claims that the New York City chain violated the FLSA by treating them as both salaried and hourly employees …

Lawsuit brewing? Think twice before destroying documents

09/26/2008

When discrimination charges go to court, both sides are entitled to copies of all relevant evidence. That includes memos, notes and e-mail (with some exceptions for confidential, trade secret or attorney-client privileged communications). Don’t think you’ll be able to avoid liability by getting rid of some documents …

REDA provides whistle-blower protection during some internal investigations, too

09/26/2008

Until recently, it was unclear whether reporting unsafe or illegal working conditions to an internal auditor or another responsible party was “protected activity” under the North Carolina Retaliatory Employment Discrimination Act (REDA). Now a federal court has decided that REDA may cover internal reports …

Good news: EEPA does not include retaliation claims

09/26/2008

North Carolina employers have one less thing to worry about: A federal trial court recently decided the North Carolina Equal Employment Practices Act (EEPA) does not allow employees to file separate retaliation claims on top of initial discrimination complaints …

Fired state ethics whistle-blower fights back

09/26/2008

Amanda Thaxton, a former office assistant at the North Carolina State Ethics Commission, has filed a whistle-blower lawsuit claiming she was fired in retaliation for speaking with the State Auditor’s Office about possible protocol violations …

What should we do if we suspect an employee is abusing workers’ comp?

09/24/2008

Q. How far can we go to make sure employees aren’t taking advantage of our company while they’re out on workers’ comp leave? Can we, for example, call them at home to make sure they are resting and not out working another job or otherwise abusing the system? …

Retaliation claim doesn’t win if it’s filed in wrong court

09/23/2008

An Elkhart employer is off the hook for retaliatory discharge for now—but maybe not for long. Lisa Lubarsky was reportedly a good employee of INOVA Federal Credit Union in Elkhart. But then she sued in a South Bend federal court for retaliatory discharge under Title VII of the Civil Rights Act of 1964 …

Take fast action to investigate apparent rogue supervisor

09/19/2008

There’s no substitute for boots on the ground when it comes to protecting employees from supervisors with hidden discriminatory agendas. If you ignore the warning signs of supervisor bias and leave the “bad boss” in place, it’s probably just a matter of time before you find yourself responding to a lawsuit …

Employing agency determines where public employees’ whistle-blower suits will be heard

09/19/2008

The California Supreme Court has ruled that when and how state employees can file whistle-blower lawsuits depends on which agency they work for. For example, regular state employees can sue if they first ask for a ruling from the State Personnel Board …