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Retaliation

Whistle-blowers need good faith, not proof

07/13/2015

When a New York City employee purports to report wrongdoing on the part of the city government, all that’s required is a good-faith belief that the alleged conduct constituted an “improper governmental action.” It’s illegal to retaliate against an employee who makes such a report.

Of gangs, G-Men and a dogged cop: Careful discipline prevails in court

07/09/2015

Employers that take their time to discipline troublesome employees who refuse to follow the rules often make out well if that employee later sues. That’s because they will have clear and unambiguous evidence that the employee deserved the discipline—not because he was a troublemaker, but because he couldn’t follow the rules others did.

Don’t let peevish behavior tie you up in litigation

06/26/2015
Nobody likes a serial litigator, but don’t fall into the trap of punishing an employee for repeatedly filing lawsuits.

Don’t let peevish behavior tie you up in litigation

06/26/2015
Nobody likes a serial litigator, but don’t fall into the trap of punishing an employee for repeatedly filing lawsuits. It could cause a retaliation suit.

After FMLA leave, watch timing of firing

06/09/2015
Generally, employees who take FMLA leave are only entitled to their job back if they are able to return to work right after their 12 weeks of time off expires. Imme­­di­­ately terminating the employee without a good reason may backfire, because it could be seen as retaliation for taking leave.

Don’t tell harassed worker to ‘move on’

06/08/2015
A new employee says her co-worker has sexually harassed her. You investigate and discover she’s telling the truth. You discipline the co-worker. Is that the end of the matter? Not if the new employee won’t stop talking about what happened and it’s beginning to interfere with her ability to get her job done.

Long list of EEOC complaints costs Chicago temp agency $800K

05/31/2015
A Chicago-area staffing agency that checked almost all the boxes on the EEOC’s what-not-to-do list has agreed to settle two lawsuits filed on behalf of temp workers.

Transfer usually not adverse employment action

05/29/2015
It’s illegal to punish employees for engaging in protected activity. But for an employer to be liable, the punishment would have to be significant. Minor changes in an employee’s job aren’t enough.

Leave harassment investigation to the pros

05/18/2015

There are compelling reasons to outsource or at least get legal help with a sexual harassment complaint. First and foremost, the investigation must be quick, thorough and reasonable. Employers that drop the ball and don’t punish what looks like a clear case of sexual harassment face a long, uphill battle in court.

Never retaliate for reporting safety hazards

05/18/2015
A federal appeals court has concluded that California employees are entitled to protection from retaliation for reporting safety hazards, even if it’s part of their jobs.