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Retaliation

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.

Trio of EEOC charges leads San Antonio firm to settle

09/09/2015
San Antonio-based Taprite Fassco has settled gender, disability and retaliation charges leveled by a female quality control employee. Taprite Fassco manufactures carbon dioxide regulators for soda and beer dispensers.

Gov’t staff can speak out on matters of public importance

09/09/2015
Public employees retain free speech rights under the First Amendment and can’t be punished for speaking out if they do so as citizens and not in their role as a government employee.

OSHA protects accounting whistle-blowers

09/09/2015

Under the Sarbanes-Oxley Act of 2002, commonly known as SOX, employees who report alleged accounting irregularities internally and to OSHA are protected from retaliation if their employer punishes the activity. Making simple statements that aren’t very specific can be enough to meet the employee’s reporting requirement under the law. It’s enough that the employee reasonably believes that he is reporting wrongdoing. He doesn’t have to know the details, just that it probably violates the law.

Don’t let pettiness fuel years of litigation

09/09/2015
Here’s an important lesson to impart to supervisors and managers: Petty fights and anger over perceived injustices that lead to resignations or termination may spur multiyear litigation and cost hundreds of thousands in legal fees, lost time and damage awards.

Don’t fire EAP counselor for backing worker

09/01/2015

Most employers outsource employee assistance plans, which offer confidential counseling to help workers deal with personal problems, work-related stress and other concerns. But some organizations handle EAP services in-house. That can cause a potential conflict of interest if an EAP counselor’s advice creates liability for the employer or calls into question its actions.

NLRB says retailer’s ‘no pay talk’ rule violated NLRA

08/19/2015
The National Labor Relations Board has ruled against Love Culture, purveyor of teen clothing, after it fired an employee from its St. Louis Park, Minn. store for discussing pay.

Al-Jazeera America hit with $15M retaliation suit

08/13/2015
A former supervisor at Al-Jazeera America is suing the cable news network—owned by the government of Qatar—claiming he was fired for raising concerns about a senior vice president’s “overt misogynistic behavior.”

Coach wins $4M verdict after being fired for reporting hazing

07/17/2015
When the high school football coach at St. Patrick-St. Vincent High School in Vallejo, California learned that some of his players were hazing underclassmen, he reported it to his superiors. The high school investigated and expelled five students. It also fired the coach who reported the hazing. He sued the Catholic Diocese of Sacramento for retaliation.