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Retaliation

Ball State to pay former hoops coach $200,000

03/01/2008
Former Ball State University basketball coach Ronny Thompson will receive $200,000 from the Muncie school to settle racial harassment and retaliation complaints …

Former employees can sue for retaliation, too

03/01/2008
Until recently, courts generally have ruled that retaliation applies only to current employees. But thanks to a recent 4th Circuit Court of Appeals decision, which covers North Carolina employers, it’s now clear that former employees can sue for post-discharge actions when their claims involve the Fair Labor Standards Act …

Is that a ‘Protected activity’—Or insubordination?

03/01/2008
Employees know that their employers can’t retaliate against them for filing EEOC complaints, complaining about discrimination or engaging in otherwise protected activity. However, it doesn’t follow that employees are free to taunt their supervisors by pulling the protected-activity card …

Beware changing recommendation after discrimination claim

02/01/2008

Many employers have strict policies on giving references for current or former employees seeking other jobs: Keep it simple—dates of employment, positions held and pay rates. But sometimes supervisors supply glowing recommendations anyway. They need to know that if they do, they had better be willing to stick with the accolades, even if their relationships with the employees change …

Associate loses temper, job and now lawsuit against DLA Piper

02/01/2008

Charlene Morisseau, a litigation associate in DLA Piper’s New York City office, lost a $250 million race discrimination lawsuit against the law firm. Morisseau joined the firm in 2003 and was fired in less than a year …

2006 Farmingdale noose incident subject of new discrimination suit

02/01/2008

Fourteen black employees of 180 Connect, a Farmingdale cable television contractor, have filed a lawsuit over a 2006 incident in which a supervisor hung a 15-foot noose in a warehouse. Although the EEOC investigated and eventually dismissed charges brought against the company, the suit alleges the noose was part of a campaign of harassment against black workers …

Litigious worker criticizes company? You may be able to fire

02/01/2008

Employers can’t discipline employees for filing discrimination claims with state or federal agencies. That’s retaliation. But what if an employee is spouting off to co-workers and customers about how he’s suing to “get” the company? …

Turnabout is fair play: Employers may be able to sue for frivolous lawsuits

02/01/2008

In an interesting Supreme Court of Ohio case, the high court has ruled that a lawsuit by an employer against an employee who filed an employment discrimination lawsuit against it is not automatically retaliation. The court’s decision overturned a long-held view of the Ohio Civil Rights Commission …

Even small changes in job status can be retaliation

02/01/2008

Employers that give in to the temptation to punish a troublemaker for complaining about alleged discrimination set themselves up for a retaliation lawsuit. The irony, of course, is that often the underlying discrimination complaint will amount to nothing, while the retaliation case snowballs out of control. Even minor changes to an employee’s work schedule, routine or tasks may mean a large retaliation jury verdict …

Focus on safety–Not reducing claims–When discussing workers’ comp

02/01/2008

Employers naturally want to reduce their workers’ compensation claims—it means lower insurance costs, less lost time and higher productivity. But be careful how you frame the issue. Don’t discourage legitimate claims or retaliate against those who file claims …