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Retaliation

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 …

Best Buy settles age bias suit claiming it favors younger workers

09/19/2008

Best Buy recently agreed to settle an age discrimination lawsuit with the EEOC that accused the company of failing to hire a 68-year-old applicant because of his age. Under the terms of the agreement, Best Buy will pay $17,500 to Reinhold Schouweiler on whose behalf the EEOC filed suit in 2007 …

Take responsibility for preventing harassment, discrimination

09/18/2008

It isn’t enough to fix discrimination and end harassment when you find out about it. Under California’s Fair Employment and Housing Act (FEHA) your organization has a duty to prevent it …

Another worry when complaints get to court: Retaliation may be criminal conspiracy

09/15/2008
Here’s another thing to worry about when an employee testifies on behalf of someone suing the company: Retaliating against that employee by punishing him with additional or new work requirements or a poor evaluation may lead to federal criminal conspiracy charges …

Independent review can catch retaliation

09/15/2008
Cynthia Morrison, who had worked for 17 years as an emergency room registrar, sued for age discrimination and retaliation. A lower court dismissed her discrimination claim, but sent the retaliation claim to the jury, which awarded Morrison $115,000. But the hospital appealed and won …