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Retaliation

Employees win right to sue for employer post-Employment conduct

08/25/2008
Employers that think their liability ends when a terminated employee walks out the door better think again. A recent New Jersey case expanded employees’ rights to sue employers for post-termination nonemployment-related conduct. In the wake of the decision, courts may construe common employer acts as retaliation …

Tell bosses: Don’t voice anger about discrimination complaint

08/22/2008
Want to create an instant retaliation claim after an employee says she lost out on a promotion because of discrimination? Just let a supervisor or manager react angrily to the accusation. It’s dangerous for managers to make any negative comments in the wake of what an employee says was discrimination. Bosses must learn to hold their tongues …

Document promotion rationale to derail claims from runners-Up

08/13/2008
Employees who complain about discrimination or offer to support another’s discrimination complaint sometimes fear that doing so will blacklist them from promotions or raises. When they, in fact, lose out on promotions, those denials can confirm their fears—and prompt them to file lawsuits. You can put a stop to that by making it absolutely clear why you chose to promote the person you did …

New administration doesn’t signal open season for retaliation complaints

08/13/2008
Public employers can’t discriminate against applicants because they decide to speak out on matters of political importance. That would violate the First Amendment. And that protection includes the right to membership in a political party. But not every case that carries a slight whiff of politics winds up creating a big legal stink …

Poor performance review and improvement plan alone aren’t signs of retaliation

08/12/2008
Good news for managers and supervisors: Giving an employee a poor performance review and then placing the employee on an improvement plan isn’t an adverse employment action on its face. Employees can’t successfully sue unless a pay cut, lost benefits, a lost bonus or some other tangible, negative results accompany that poor evaluation or improvement plan …

Remind managers: No comments on workers hiring lawyers

08/08/2008
It’s tempting for managers to lash out at litigious employees—especially if they think the suit has no merit. Remind them to keep quiet.

Employee ‘Family & friends’ can now bring EEOC retaliation claims

08/08/2008
Earlier this year, the U. S. 6th Circuit Court of Appeals, whose decisions apply to Michigan employers, expanded the coverage of Title VII of the Civil Rights Act of 1964’s anti-retaliation provision when it held that the fiancé of an employee who made a complaint to the EEOC could bring a retaliation action when he was discharged by the employer …

‘You Won’t Work Sundays?!’ EEOC Offers Guidance on Religious Accommodations

08/06/2008
The EEOC recently released guidance to help employers avoid religious discrimination charges. Distilled from the law, regulations and court decisions, the guidance offers both a list of frequently asked questions about religious discrimination and accommodation and a list of best practices. You can download free copies of each here.

Backup firing rationale to beat discrimination claims

08/06/2008
Smart employers don’t leave anything to chance when it’s time to fire someone—especially when the employee facing termination thinks he might have a discrimination claim. Instead of taking a chance that something said during the termination meeting will be misinterpreted, they make sure the meeting includes at least two company representatives …

Former broker files whistle-Blower suit following fraud investigation

08/06/2008
Timothy Flynn, a former senior vice president for UBS Financial Services, has filed a lawsuit claiming the Wall Street firm retaliated against him for cooperating with a Massachusetts securities fraud investigation …