Retaliation

Whistle-blower alert: Beware punishing employees who report customer wrongdoing

01/21/2015

You may prefer a “don’t rock the boat” mentality when it comes to reporting to police or other governmental authorities that a customer may be breaking the law. That doesn’t mean you can force employees to remain silent—or worse yet, punish them for going to authorities. Doing that could cost a fortune in damage awards, especially if it turns out that your employee was right.

Jury trial approved for retaliatory discharge claims

01/15/2015

Employees who claim they were fired for seeking workers’ comp benefits are entitled to a jury trial. That can result in big damages, as juries are notoriously prone to making employers pay.

Not every complaint amounts to protected activity

01/14/2015

It’s illegal to retaliate against employees for engaging in protected activity. But not every complaint qualifies as protected activity. For example, under Title VII, retaliation is only illegal if it relates to a complaint about some form of discrimination covered by that law.

False arrest can be retaliation

01/14/2015

It’s almost always a bad idea to make an example out of a terminated employee.

Whistle-blower wins settlement with railroad

12/24/2014

Fort Worth-based Burlington Northern Santa Fe Railroad has agreed to pay a North Dakota employee $30,000 in back pay to settle an OSHA whistle-blower complaint he filed against the railroad.

Beware firing right after EEOC complaint

12/23/2014

Here’s a warning on discharge timing: If you happen to make the final termination decision right after the employee files an EEOC charge, timing alone may be enough to send the case to trial.

10 mistakes that crush your ability to win a retaliation lawsuit

12/22/2014

When employees complain internally about discrimination or lodge a complaint with an outside agency like the EEOC, they’ve engaged in what’s called “protected activity.” They may not be correct about the discrimination, but if the employer retaliated against an employee for complaining in the first place, they could win a large jury award anyway.

Employee complained in the past? Keep that info from new supervisor

12/05/2014

Here’s an easy way to stop retaliation lawsuits: If an employee has complained in the past about harassment, discrimination or other legal wrongs, make sure that information stays confidential.

Former manager smells blood, files whistle-blower lawsuit

12/05/2014

The former billing manager for Abington Memorial Hospital in Montgomery County, Pennsylvania, has filed a whistle-blower suit against her former employer. She claims she was fired for alleging that the hospital lab mislabeled blood samples to increase the fees it could charge.

Employee testifies in lawsuit: That’s protected activity

11/14/2014

Goodwill Industries will pay $100,000 to settle a long-standing lawsuit for retaliation filed by the EEOC.