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Retaliation

Government employee’s speech that sounds like insubordination may be protected

10/21/2015
Public employees are entitled to free speech under the Constitution—within limits. For example, the speech must involve matters of public importance. Under the right circumstances, arguing with a supervisor may even be protected.

Former employee reapplies? Beware retaliation lawsuit

10/08/2015
Consider this before dismissing a request for reinstatement or new job application from a former employee: She may be trying to set up a lawsuit alleging that turning her down amounted to retaliation. Don’t fall into that trap.

Substandard work before FMLA leave? Beware retaliation suit for later poor reviews

10/08/2015

Don’t think that just because an employee was a poor performer before she requested FMLA leave, a poor review after the request can’t be retaliation. If there is other evidence of retaliation (like a direct statement that FMLA leave was a factor), then the previous poor performance won’t be much of a defense.

Oilfield services firm settles retaliation suit for $30,000

10/05/2015
Garrison Contractors, a West Texas oil-industry construction company, has agreed to settle charges it retaliated against a female employee after she reported sexual harassment.

Slightly lower evaluation rating isn’t retaliation

10/05/2015
To constitute retaliation for engaging in protected activity, an employer has to do something that would dissuade a reasonable employee from complaining in the first place. A poor evaluation, by itself, isn’t enough.

Not so fast! Texas whistle-blowers must pursue internal remedies before they can sue

10/05/2015

Texas law requires public employees who are fired by their employing agency to pursue internal appeals of that decision. Otherwise, they can’t sue in state court over alleged wrongful discharge for whistle-blowing. Government employers should make sure they raise that defense if they don’t have any record of the worker making an internal appeal.

Prepare for more whistle-blower retaliation complaints

09/30/2015
Heed OSHA’s memo stressing that it only needs “reasonable cause” to find merit in one.

Jury awards $550k to porn-viewing sheriffs

09/30/2015
Two Northumberland County sheriffs who were fired for using department computers to watch porn will split $550,000 after a jury ruled the county violated their rights.

2nd degree burn: Order to fire can be retaliation

09/11/2015
Retaliation can be anything that would dissuade a reasonable employee from reporting alleged wrongdoing—such as harassment or discrimination—in the first place. And it doesn’t just apply to direct punishment against an employee. It can even be an employer’s action that targets an employee’s co-workers or associates.

OK to call or text with settlement offers

09/10/2015

The Fair Labor Standards Act protects employees and former employees against retaliation for complaining about wage-and-hour violations, including filing lawsuits. For example, an employer can’t try to punish a former employee by providing false negative references or otherwise interfering with someone’s job prospects. Basically, retaliation is anything that would dissuade a reasonable person from making the complaint in the first place. Fortunately, simply asking the former employee if he wants to settle a lawsuit isn’t enough, even if the effort is persistent and makes for an uncomfortable confrontation.