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Retaliation

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 …

Gaming board compliance wars lead to suspension, lawsuit

07/11/2008
Patrick Devlin, a compliance officer for the Michigan Gaming Control Board and a former assistant attorney general, has a history of what the board has delicately termed “noncompliance.” Since 2003, Devlin has filed at least 19 grievance appeals with the Civil Service Commission …

Contemplating a RIF? Use clear criteria for who loses job

07/09/2008
In these difficult times, your organization may have to undergo a reduction in force (RIF). If you do, it pays to develop objective standards for who can stay and who must go. By outlining your plan and sticking with it, you reduce your chance of losing a lawsuit a former employee might bring. Remember that fired employees will visit an attorney, who will try to find a reason to sue you …

Tell supervisors: No retaliation against employees who settled discrimination claims

07/07/2008
Have you recently settled a discrimination case? If the settlement included the employee keeping his or her job, remind all supervisors that they cannot retaliate in any way—or allow co-workers to get back at the employee …

Supreme Court allows retaliation suits under Civil War-Era law

07/07/2008

On May 27, 2008, the U.S. Supreme Court further expanded the ability of employees to sue for retaliation—an area of employment law that has exploded in recent years. Specifically, the court held that a federal statute enacted shortly after the Civil War, granting all citizens the right to enter into and enforce contracts (commonly referred to as Section 1981), can be used to bring a claim of employment-related retaliation …

Back up even minor disciplinary action with solid records

07/02/2008
We’ve said it before and we’ll say it again: Nothing wins lawsuits like good records. Tell all managers and supervisors that HR won’t approve any disciplinary action without a copy of the documentation used to justify the decision …

‘Offering’ chance to quit may still be constructive discharge

07/01/2008
Employers commonly give employees a chance to resign rather than be fired. And employers often believe that as long as they get employees’ signatures on the “voluntary” resignation letters, they’re in the clear. That’s simply not true …

Don’t let trumped-Up excuses prevent sacking bad worker

07/01/2008
Employees who fear their jobs are in danger often try to find some way to protect themselves from being fired. For example, the employee will suddenly report sexual harassment, take FMLA leave or claim he or she has a disability that needs accommodation. Don’t dismiss those claims without an investigation …

Ensure employees know how to complain about retaliation

07/01/2008
You know that employees who complain about harassment or discrimination shouldn’t suffer retaliation. But do you have a mechanism in place that prevents such retaliation? If not, it’s time to come up with one. Nipping retaliation in the bud is far cheaper than defending it in court …