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Retaliation

OSHA whistleblower awarded more than $173,000

01/09/2018

An employee who was fired for reporting improper asbestos removal procedures at a Gloverville, N.Y. school worksite in 2010 has been awarded $173,794 in damages.

Court recognizes a new kind of claim: Retaliatory hostile environment

01/03/2018

Essentially, a retaliatory hostile environment claim looks at situations in which life was made generally difficult for an employee in small ways that in themselves would not affect a term or condition of employment.

Warn bosses: Keep snide comments to yourself

01/02/2018

Remember, any supervisor comments about a worker’s complaint can end up supporting a retaliation claim.

Beware firing safety whistleblowers

01/02/2018

The Trump administration’s Department of Labor is aggressively going after employers that fire workers who report alleged workplace safety violations. It’s one reason to seek expert legal advice before disciplining any potential whistleblower—even for behavior or poor work performance that seems unrelated to any safety report.

Your good disciplinary records will almost always beat employee’s retaliation claim

01/02/2018

If you are certain you can justify your action, don’t be afraid to discipline a worker who has filed a discrimination charge or otherwise opposed alleged discriminatory actions. Generally, courts give employers leeway to discipline as long as they believe they acted in good faith.

Small annoyances can add up to retaliation

12/13/2017

Retaliation can be anything that would dissuade a reasonable employee from complaining about discrimination in the first place. It doesn’t have to be an isolated act.

Kingwood, Texas firm digs in heels over unpaid OT, faces suit

12/06/2017

A Houston-area medical staffing firm refused to back down when the Department of Labor accused it of stiffing an employee out of overtime pay and then retaliating against the employee for complaining.

Is that retaliation or a legitimate business decision?

11/29/2017

Employees are protected from retaliation for complaining internally about alleged discrimination. Some workers seem to think that means they can never be criticized or have their working conditions change. Fortunately, that’s not true.

Paid suspension is hardly ‘intolerable’

11/21/2017

An employee can quit and sue for constructive discharge if the working conditions are truly intolerable. Being suspended with pay pending an investigation doesn’t qualify.

Move affecting income might be retaliation

11/21/2017

If an employer action affecting a worker’s pocketbook would make a reasonable employee think twice about filing a discrimination complaint, a court is likely to consider the merits of a retaliation lawsuit.