Retaliation

Carefully document all details when employee starts having attendance problems

09/25/2018

It may seem obvious that a worker isn’t following your attendance rules. However, always carefully document each absence anyway. Meticulous records make it easier to win if the employee claims your discipline was based on discrimination or retaliation.

Out on medical leave? Don’t automatically reject bid for promotion

09/25/2018

You might assume that if an employee is out on medical leave and applies for a promotion or a different position, you can reject her application because she can’t currently work. But that could turn out to be a big mistake.

Public employee free-speech rights have limitations

09/24/2018

Public employees who speak out on matters of public concern are protected from retaliation for doing so. But not every comment is protected.

Not all shift change denials are retaliation

09/24/2018

Courts have long held that, after an employee files a discrimination complaint, it may be retaliation to change her shift to punish her. But what if the complaining employee requests a shift change and the employer denies that change?

In retaliation cases, passage of time matters

09/13/2018

Sometimes, a worker who files several discrimination claims will argue that any subsequent punishment was retaliation. Fortunately, the more time that passes between the complaints and the discipline, the less likely he will be able to claim retaliation.

Beware firing health care whistleblowers

09/13/2018

Texas state law protects health care workers and others from discharge for reporting potential health and safety violations to their employer or an outside agency. Firing someone who made a good-faith whistleblowing report can backfire badly.

FMLA: Firing can easily trigger retaliation suit

08/29/2018

Thinking about terminating an employee who is currently out on FMLA leave? Proceed with the greatest of care! If ever there was a “red lights flashing” HR moment, this is it.

Former Minn. health department official claims retaliation

08/08/2018

A former director of the Minnesota health department’s health regulation division has filed a lawsuit claiming she was fired in retaliation for complaining internally about a culture of bullying and intimidation at the department.

Reorganization can justify termination decision

08/06/2018

Courts are naturally suspicious when employees who have filed lawsuits end up getting fired. But when an employer can explain that someone lost her job because of a valid business reason, courts seldom second-guess that decision.

Reasonable accommodation could be called retaliation

08/02/2018

If you accommodate a disabled employee, but the accommodation winds up adversely affecting the employee instead, you could get sued for retaliation.