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Retaliation

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.

NLRB, OSHA pact gives longer life to whistle-blower claims

05/28/2014
Employers can expect more whistle-blower cases to be heard as unfair labor practices charges now that the National Labor Relations Board and OSHA have agreed to cooperate when employees file late safety-related complaints.

Employee can’t sue customer for retaliation

05/28/2014

An employee recently tried to claim that a customer had retaliated against her for griping on the job. It didn’t work.

Warn hiring committee: Never discuss decision-making process with candidates

05/28/2014

If you haven’t already, warn everyone who serves on hiring committees or is otherwise involved in hiring-related decisions to keep their thoughts to themselves. For example, they should never discuss the inner workings of the ­hiring process with candidates.

Jet Propulsion Lab misfired by disciplining disgruntled workers

05/23/2014
The Jet Propulsion Laboratory at the California Institute of Technology was schooled in the NLRA after it disciplined five employees who challenged lab policies.

Court expands scope of ‘me too’ evidence

05/23/2014

Employees who sue for retaliation sometimes try to bolster their cases by claiming others who complained also experienced retaliation. Until recently, courts hearing California cases had limited so-called “me too” evidence to very similar cases.

MTA shocker! Could cronyism, nepotism have led to ouster?

05/19/2014
Charges of cronyism and nepotism followed a Metropolitan Transit Authority security chief out the door following a meeting with the head of the MTA, which runs public transportation in the New York City area.

Quickly addressing alleged retaliation saves the day

05/12/2014
You probably tell supervisors they shouldn’t punish employees for filing internal or EEOC discrimination complaints. That doesn’t mean employees who complain won’t perceive re­­tali­­ation in every slight change in their work situation. How you react can mean the difference between winning or losing a retaliation lawsuit.

Worker facing discharge claims harassment? Investigate first, then fire if still warranted

05/12/2014
Sometimes, employers don’t learn about alleged discrimination or harassment until an employee brings up the claim when facing discharge for other reasons. If that happens, how should you respond?