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Retaliation

Considering an employee hotline, but worried about anonymous complaints

02/01/2008

Q. We don’t have a hotline for employees to call to complain about harassment, discrimination or retaliation. We have been considering one, but we are concerned about anonymous complaints. Should we set up one anyway? …

Complaining that schedule is discriminatory may be protected

02/01/2008

Not every complaint to a manager constitutes protected activity, but some do. If an employee complains about what she reasonably believes is discrimination—using language that should tip off her employer that she’s raising discrimination—the complaint is protected …

Caro Carbide faces suit for sexual harassment, retaliation

02/01/2008

Since 1979, Donna Smith had worked as a shipping and receiving clerk for Caro Carbide Corp., a carbide machine shop in Troy. From 1988 forward, Smith claims co-worker Timothy Sylver displayed pornographic photos and made lewd gestures and comments toward her at work …

Maintaining employee’s dignity is key to avoiding constructive discharge

02/01/2008

Often, constructive discharge cases grow out of a disciplinary process rife with harassment. An employee may suspect that his employer is trying to get him to quit. If a jury agrees, that can mean a large damage award. To cut the risk, have HR administer any discipline, and do so in private and in a way that preserves the employee’s dignity …

Now is the time to develop a comprehensive whistle-Blower policy

02/01/2008

Although Florida’s state whistle-blower law applies only to state government and state contractors, don’t believe you are above the law just because you are a private employer. Rather than ignore a complaint—and risk expensive litigation—you need to establish policies to investigate whistle-blower complaints …

Minor discipline without pay or benefits loss isn’t retaliation

02/01/2008

Punishing someone who has filed EEOC or other discrimination claims is illegal. But that shouldn’t stop you from enforcing reasonable rules. Courts won’t ordinarily view as retaliation minor disciplinary actions that don’t cost employees any pay or benefits …

Paid suspensions help cool down disputes

02/01/2008

When things get heated in the workplace, call a timeout. You need time to investigate what’s going on, and employees may need time to cool down. Paid administrative leave is often the best way to do that. Continue to pay the employee (and provide benefits) so he won’t be able to point to the suspension as an adverse employment action …

Limits on workers’ comp leave?

02/01/2008

Q. Is there any limitation on how long workers’ compensation leave may go on? …

OK to place employee on paid leave pending investigation

02/01/2008

Ever since the U.S. Supreme Court’s landmark Burlington Northern retaliation decision in 2006, employers have been struggling with exactly what to do while investigating wrongdoings. One vexing issue has been whether it could be retaliation to place an employee on paid administrative leave pending an investigation …

When discouraged applicants sue, don’t ‘Blacklist’ them

02/01/2008

Here’s a trap you should be aware of: An applicant who sues when he isn’t hired often keeps on applying—and then turns around and claims that you “blacklisted” him in retaliation for the lawsuit. Here’s how you should respond …