• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Retaliation

Document time of performance problems in case employee registers bogus complaints

11/06/2018
Employees who face discipline sometimes fight back with their own discrimination complaints. Terminating such an employee shortly afterward can look suspiciously like the complaint precipitated the discipline. The best way to prevent that impression is to carefully document the reasons for the disciplinary meeting in the first place.

Minor workplace changes aren’t enough to justify lawsuit alleging bias or retaliation

11/06/2018
Courts don’t want to micromanage your business. Make sure you can explain workplace changes in the context of legitimate business needs.

Treat persistent complainer just as you do others

10/29/2018
Don’t give special treatment to employees who have filed complaints. The rules everyone else must follow apply to them as well. They may complain more, but they won’t get far.

Employee who complains isn’t immune from discipline

10/25/2018
Employers can’t retaliate against employees who file discrimination or harassment complaints. But that doesn’t mean you can never discipline those employees.

Simple warning doesn’t constitute retaliation

10/17/2018
A mere warning that one is facing potential disciplinary action doesn’t amount to retaliation for filing a discrimination complaint.

Discrimination claims must be based on good faith

10/17/2018
Complaining about discrimination is considered protected activity. Punishing employees for com­plaining may be retaliation even if it turns out that the original claim was meritless. However, the original complaint must have been made in good faith.

Warn bosses to avoid retaliation when dealing with employees who constantly complain

10/17/2018
Even if it turns out that most of an employee’s complaints aren’t serious enough to be considered unlawful under federal, state or local laws, that doesn’t mean the employee won’t have a retaliation case if her supervisor finds ways to make the employee pay for complaining.

Harassment report begets retaliation charge in Queens

10/17/2018
Foodtown, a supermarket in the Elmhurst neighborhood of Queens, faces charges it failed to stop a supervisor from sexually harassing two female employees and retaliating against them when they complained.

Inconvenient assignment isn’t adverse action

10/17/2018
Things like being fired, demoted or denied a promotion all qualify as adverse employment actions. But what about other workplace events like having a schedule change, being denied overtime or getting transferred to a similar position?

Employees of companies doing business with Pennsylvania have whistleblower protection

10/10/2018
Some private employers have been arguing that the services they provide are not for or to a public body. Therefore, they argue, they can’t be sued for punishing whistleblowing employees. A federal court has concluded that reasoning is wrong.