Retaliation

Solid rules, documentation, enforcement are keys to winning discharge cases

07/25/2008

Employers that prepare as if they will be sued over every employment decision will win most discrimination cases. If you follow certain guidelines, chances are no fired employee will successfully sue you for discrimination or retaliation. Employers that get sloppy most often lose lawsuits …

FMLA leave-Takers aren’t untouchable, but courts will look closely at timing

07/24/2008

Employers that come down hard on employees who have just requested FMLA leave are looking for trouble—especially if the employee was performing well until recently. The timing will look suspicious …

Contractor decision costs FedEx $319 million as class action grows

07/24/2008

Official class notices were sent out in June to 27,165 present and former FedEx delivery drivers in the multidistrict lawsuit challenging the company’s independent contractor model. The court certified class-action status for drivers from 19 states, including Pennsylvania …

Lilly settles retaliation suit

07/22/2008

Indianapolis-based Eli Lilly and Co. has agreed to pay $64,400 to a former employee who claimed the company withheld severance pay to pressure her to withdraw a discrimination complaint …

When termination follows military family leave

07/22/2008

Q. Our medical practice has a night nurse who answers calls for patient emergencies and then relays those emergencies to the doctor, if necessary. Recently, business has been slow, and we are considering eliminating the night nurse position and using an answering service instead. Our night nurse (who has not been informed of the company’s plans regarding her position) has notified us that she will be taking off several days to spend time with her husband who is returning from active military duty. We don’t want her to think that we are eliminating her job because of her planned leave. Any suggestions? …

Tell managers: Don’t retaliate against those who complain

07/21/2008

One of the easiest ways to land the company in legal hot water is for a manager to punish someone who complains that she’s being discriminated against. It may turn out—and it often does—that no discrimination took place. Yet even in those cases, some supervisors can’t resist punishing the messenger, thereby turning a minor matter into a major retaliation case …

Avoiding reference-Related retaliation claims

07/21/2008

Q. How should we handle giving references about a former employee who was involved in litigation against the company or filed an administrative charge with a government agency, such as the EEOC or the DOL? Should we include that information in response to the reference? Or should we not provide any information at all? …

Patience, paperwork: The right way to fire serial complainers

07/18/2008

Sometimes, employees who are having performance problems think that filing discrimination complaints will help protect their jobs. Word has gotten around that employees can win retaliation cases even if the discrimination claims they make are flimsy. But employers won’t lose a retaliation case if they can show that the employee really did deserve the discipline that followed the discrimination complaint …

Using FMLA leave to build a porch: Can that be legal?

07/17/2008

Have you ever approved FMLA leave for an employee’s medical ailment but had a sneaking suspicion the time would be spent on more than bed rest? If you discover “creative” uses of FMLA leave, be careful not to pull out the “You’re Fired!” finger too quickly or you may find yourself in the center of an FMLA retaliation lawsuit …

Tell employee as soon as you make decision to terminate

07/14/2008

Do you let employees know they will lose their jobs as soon as the final decision has been made? Or do you wait until near the effective date? If there’s no other reason for delaying the notification (e.g., you fear the employee will retaliate by destroying records or stealing secrets), tell employees right away. Here’s why …