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Retaliation

Have a sick leave bank? Make it accessible to all who qualify

01/01/2008

If, like many employers, you maintain a sick leave bank for employees who exhaust their available leave time, remember this: You’ll risk a retaliation lawsuit if you deny the use of banked time to an employee who has filed a discrimination claim …

Whistle-Blowers must first pursue claims administratively

01/01/2008

Federal employees who report alleged wrongdoing by the agencies they work for are entitled to special protections for their whistle-blowing actions. But they also have obligations—if they believe they have suffered retaliation, they must bring an administrative claim before the U.S. Merit Systems Protection Board before filing a lawsuit in federal court …

Trying to avoid romantic trouble? Make sure transfer doesn’t look like punishment

01/01/2008

Although there is no blanket rule against transferring someone who has been involved in a romantic relationship with a co-worker, make sure the transfer benefits the transferred party and can’t be viewed as punishment. Otherwise, the transferred employee may claim retaliation …

Goodyear to pay $4.4 million in Seattle sexual harassment case

01/01/2008

A court has awarded $4.4 million to a Seattle woman who worked at a Goodyear store and endured harassment—and eventual retaliation—because she is gay …

Following baseless complaint, ensure later discipline is legit

01/01/2008

Sometimes employees who know they are in trouble at work will try to set up lawsuits. That way, they reason, if they get fired, they can sue for “retaliation.” It’s up to HR to ferret out such sneaky tricks and prevent those lawsuits. The best way is to make absolutely sure that you can justify any eventual discipline …

Don’t just rubber-Stamp manager’s termination recommendation

01/01/2008

When a supervisor recommends discharging an employee, resist the temptation to simply agree with her assessment. Here’s why: If the employee is being targeted because she took FMLA leave or engaged in some other form of protected activity, blind adherence to the supervisor’s recommendation to fire opens up the company to a retaliation claim.

Commissioner denies former aide’s sexual harassment charge

01/01/2008

Alyssa Ogden, former aide to Hillsborough County Commissioner Kevin White, says she was fired because she rebuffed numerous sexual advances since she joined White’s staff in April of 2007. She filed an EEOC complaint …

Caution: ‘Going by the book’ may be retaliation

01/01/2008

When an employee everyone considered loyal suddenly starts complaining to a regulatory agency about alleged workplace violations, it’s natural to be upset. But resist the temptation to send the employee a message by suddenly enforcing the work rules zealously …

Note to supervisors: No comments about religion and work

01/01/2008

It may seem obvious, but it bears repeating: Tell supervisors and managers to avoid discussing religion if at all possible. And never, ever use blunt terms to make an employee choose between her religion and her job. Instead, focus any discussion of religious accommodations on the company’s legitimate needs …

Handle terminations with dignity, due deliberation

01/01/2008

Nothing will fuel a lawsuit more than management’s poor behavior. While discharging an employee for any reason is stressful for everyone involved, there is a right and a wrong way to do it. The wrong way is to get emotional, to shout and unceremoniously throw the employee off the premises …