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Retaliation

Don’t punish manager for telling employee he may be discrimination victim

09/05/2008

Managers who raise potential discrimination claims to upper-level managers and then tell affected employees about the problem are protected from retaliation under the Ohio Revised Code’s employment discrimination sections …

Tell supervisors: You can’t just make up your own performance appraisal standards

09/05/2008

Employers that let supervisors add to or alter the way they conduct performance appraisals are playing with fire. For example, supervisors should never be allowed to assess things like tardiness and attendance using anything but official HR records …

Duke Energy settles suit

09/05/2008

Duke Energy Corp. has reached a private settlement with John Deeds, a former employee who claimed he was fired in retaliation for questioning millions of dollars in payments that he considered kickbacks to corporate clients …

Keep news of discrimination claim quiet to prevent retaliation

09/03/2008

When employees file discrimination charges, they often worry that they will somehow suffer retaliation. In fact, their attorneys frequently remind them that retaliation is illegal and that they should be on the lookout for it. Tacking retaliation charges onto discrimination claims is big business for lawyers. That’s why it’s critical for managers to understand they simply cannot retaliate …

Supreme Court rules CHRA sole state discrimination remedy

09/02/2008

The Texas Supreme Court has ruled that employees who want to sue for most kinds of employment discrimination under Texas state law must use the provisions of the Texas Commission on Human Rights Act. They can’t sue under the Texas Whistleblower Act in an effort to sidestep the CHRA’s rather complex procedures or miss its short filing deadlines …

You can reassign employee whose spouse made FMLA claim

09/02/2008

Employers know they can’t retaliate against employees for speaking with EEOC investigators about possible discrimination … But what about simply standing by as a spouse or significant other sues the same employer? Do you have to worry that
any job changes for the silent spouse will spur a successful retaliation lawsuit?

Go ahead! Fire if worker sneaks confidential docs to EEOC

09/02/2008
Employees who file EEOC complaints may assume they can rifle through company files looking for smoking-gun evidence of discrimination. Bad move. Employers don’t have to put up with such outrageous antics—if they have the right policies in place …

Handling layoffs with workers’ comp claims pending

09/02/2008
Q. We need to lay off an entire shift at our assembly plant. A few of these workers are off work or on temporary light-duty jobs as a result of on-the-job injuries. They have workers’ comp claims pending. If we lay off the entire shift, can we lay off the injured workers as well? …

Prosecutor sues over lost promotion

08/27/2008
State Deputy Attorney General Thomas Kimmett has filed a whistle-blower lawsuit against Pennsylvania Attorney General Tom Corbett and other state officials, claiming he was denied a promotion because he reported what he considered an illegal practice by the AG office and the state Department of Revenue …

Discharging employee after FMLA leave expires may be retaliation

08/25/2008
Eligible employees are entitled to up to 12 weeks of FMLA leave per year and are guaranteed their jobs back (or equivalent ones) if they return at the end of that leave. That means you can terminate at the end of 12 weeks, right? Maybe not …