Retaliation

Short-circuit desperate employee’s lawsuit by tracking every step of disciplinary process

04/14/2016

Tracking an employee’s discipline process from beginning to end can can head of retaliation claim

OSHA sues demolition firm for whistleblower retaliation

04/08/2016

Regional Environmental Demolition in Niagara Falls faces a federal lawsuit alleging retaliation against a worker who reported a workplace hazard.

Little slights, actions add up to retaliation

04/08/2016

When an employee complains that a supervisor is behaving in a discriminatory way, employers must ensure there is no retaliation. Even small things can lead to a big problem.

DOL sues firm, 3 bosses for harassing whistleblowers

03/30/2016

The U.S. Department of Labor has filed a lawsuit against a Georgia foam manufacturer and three of its managers for suspending and terminating employees who reported workplace hazards in violation of the Occupational Safety and Health Act.

Warn bosses: No retaliation against whistleblowers who report wrongdoing

03/28/2016

Remind supervisors that retaliating against workers who report alleged criminal or other illegal activity may violate the California Labor Code.

Whistleblower? Not without whistleblowing

03/28/2016

Energy workers are protected from retaliation for reporting safety problems if their workplace is covered by the federal Energy Reorganization Act.

Sometimes, employee gets 2 shots at lawsuit

03/11/2016

An employee who had a state interference-with-contract claim dismissed—the court said he had been legitimately fired for insubordination—can still file a federal whistleblower retaliation lawsuit based on the same facts.

EEOC issues fresh guidance on anti-retaliation compliance

03/09/2016

The EEOC has updated its enforcement guidance on retaliation for the first time since 1998.

Poor review isn’t infliction of emotional distress

03/09/2016

Sometimes, unhappy employees quit and sue, making claims that may never stick but that still have to be defended. A favorite tactic is to sue supervisors, claiming they intentionally inflicted emotional distress.

Not all government employees’ free speech is protected

02/29/2016

Public employees have limited First Amendment rights to speak out on matters of public importance. But when that speech is actually part of the employee’s job, it’s not considered “speaking out” in the Constitutional sense. It doesn’t come with job protection.