Retaliation

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.

Same job, different office: Is that considered retaliation?

11/13/2014

Some employees believe that anything negative that happens after filing a complaint must be retaliation. Not true.

Put an immediate stop to co-worker harassment over FMLA use

11/05/2014

Some supervisors and co-workers who don’t have children may resent having to pick up the perceived slack while the new mom or dad is home with their bundle of joy. The same may be true if other employees view someone’s FMLA use as frivolous or unnecessary. When co-workers or supervisors ridicule other employees for using FMLA leave, that may be retaliation.

Know the law: Protected activity is essential before employee can claim retaliation

11/03/2014

Some employees complain all the time and don’t get along with their bosses and co-workers. But if their complaints aren’t specific and don’t raise at least potential discrimination based on race, age, sex or some other protected characteristic, their complaints aren’t so-called “protected activity.” Therefore, they can’t be the basis for later retaliation claims.

Government employers: Slipshod investigation can sink defense in cases involving free speech

11/03/2014

Here’s a warning for public employers that want to discharge an employee for allegedly speaking out inappropriately: Make sure you conduct a thorough investigation that at least allows the employee a chance to defend his actions before you terminate him.

Whistle-blower or revealer of trade secrets?

10/31/2014

A former attorney for the Vanguard Group in Malvern is suing the investment firm, claiming he was fired for refusing to go along with an illegal tax scheme.

Firing whistle-blower? Prepare for court

10/31/2014

Generally, Pennsylvania employees who aren’t union members or don’t have a written employment agreement are at-will employees who can be fired for any reason or no reason at all. There’s one major exception: Employers can’t fire at-will employees because of their protected characteristics. But there is a second exception gaining prominence in court cases.

Avoid appearance of retaliation against whistle-blowers

10/30/2014

To constitute whistle-blowing, employees must do more than merely state that they are going to complain about the employer’s actions. They must actually do so. Whistle-blowers don’t have to demonstrate an actual violation of the law as long as they have a reasonable, good-faith belief that a violation of the law has occurred or might.

Appeals court: Employee doesn’t have to be first whistle-blower to be protected

10/27/2014

Public employees are protected from retaliation for reporting wrongdoing at work, either within their chain of command or to appropriate authorities. But what if several employees report the same alleged wrongdoing?