Retaliation

Public employees’ ordinary work complaints aren’t protected by the First Amendment

10/10/2018

Public employees have limited First Amendment rights to speak out about matters of public importance. That doesn’t include simple workplace gripes.

When fired employee complains to EEOC, be sure to monitor all subsequent filings

10/09/2018

Employees who expect to be disciplined or fired sometimes go on the offensive by filing an EEOC complaint. You shouldn’t be intimidated—as long as you are convinced the discipline is legitimate and you have clear documentation of poor performance or misbehavior.

Check layoff rationale for signs of hidden discrimination

10/03/2018

A layoff based on legitimate business reasons can still form the basis for a retaliation claim if the layoff decision was based on ulterior motives.

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.