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Retaliation

Beware retaliation after workers’ comp claim

08/18/2014

Under Minnesota’s workers’ compensation laws, employees who file workers’ comp claims are protected from retaliation. The law says employers can’t punish employees for seeking benefits. But some employers have been trying to preempt so-called protected activity when an em­­ployee is injured at work.

Not every employee call to complaint hotline counts as ‘protected activity’

08/11/2014
Federal law makes it unlawful to retaliate against employees who voice harassment or discrimination claims. Generally, employees who call hotlines are protected because the call itself is “protected activity.” But that’s not always the case.

Flexible schedules bill runs into inflexible congressional calendar

07/30/2014
Democrats in the House and Senate have introduced the Schedules that Work Act, which would give nonexempt employees the right to request flexible work schedules without fear of retaliation.

‘No-call, no show’ termination isn’t adverse employment action

07/15/2014
Under Minnesota’s whistle-blower law, employers can’t punish employees for reporting wrongdoing to authorities. Even so, it’s still legitimate for employers to enforce existing workplace rules.

What can I do about employee who is accusing me of wrongdoing?

07/07/2014
Q. An employee of mine recently reported me after allegedly seeing me “physically harm” another of my employees. Can I discharge this employee for reporting me?

Don’t discuss discipline with employees’ co-workers

07/07/2014
Sometimes, keeping quiet is the best approach. That’s certainly true when you discipline or terminate employees for poor performance. Bad-mouthing an employee won’t do any good and may mean a needless lawsuit if the employee’s reputation suffers.

Not every hotline call is protected activity

07/07/2014

Many employers have a hotline that employees can call to report discrimination, harassment or other workplace problems. Generally, employees who call a hotline are protected against retaliation because the call itself is “protected activity.” But that’s not always the case.

Beware retaliation against whistle-blowers

06/24/2014
Employees who sue for alleged retaliation after reporting safety problems in the workplace have a new and powerful ally: the Cali­for­nia Labor Commissioner’s office, also known as the Division of Labor Standards Enforcement.

Good past performance doesn’t rule out firing

06/16/2014

Sometimes, employees can only imagine that discrimination or retaliation is to blame for their sudden unemployment. If you had a good reason to terminate such an employee, don’t worry. The circumstances immediately preceding the discharge decision are what matter.

Employers and SOX retaliation: Prepare for a legal long haul

05/28/2014
Employers defending against Sarbanes-Oxley Act (SOX) whistle-blower retaliation claims should be prepared for a long and tough litigation process. A recent district court decision out of Texas vividly illustrates how long a haul it might be.