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Retaliation

Tempted to countersue? Make sure claims are related

02/19/2014
If you decide to countersue an em­­ployee who takes you to court over work-related issues, make sure your suit is really tied to the employee’s claim. If it isn’t, you’ll have to file a separate lawsuit.

Warn bosses: Don’t punish for workers’ comp

02/19/2014

Minnesota workers injured on the job are entitled to workers’ compensation benefits and can’t be punished for asking for or receiving those benefits. Remind supervisors and ­managers that it’s their job to manage the work­­force despite injuries and that threatening or actually punishing workers who apply for benefits is illegal.

You don’t need absolute proof to fire

02/05/2014

Employees are entitled to fair treatment, but that doesn’t mean HR has to become a court of law and prove beyond a reasonable doubt that an employee did something deserving of discharge. As long as you reasonably believe an employee broke a rule or other­­wise did something deserving of discharge, a termination will stand up to a legal challenge.

California’s DFEH report highlights coming discrimination trends

01/24/2014
The California Department of Fair Employment and Housing (DFEH), California’s civil rights agency, submits an annual report each calendar year to the governor and the state legislature. The latest report shows growing trends toward more filings related to disability, race and gender-based discrimination.

Don’t fear punishing boss who threatens retaliation

01/24/2014

Employees who complain about discrimination or other problems by going to HR shouldn’t be punished for doing so. That includes the mere threat of punishment, whether or not that punishment is carried out.

Be alert for health, safety whistle-blowing

01/24/2014
Here’s a warning for federal government employers: Just about any internal complaint about agency wrongdoing may be protected activity under the Whistleblower Pro­­tec­­tion Act (WPA).

Complaint? Warn boss against adverse action

01/24/2014
Don’t let your organization fall into the retaliation trap. Make sure all supervisors understand that nothing should change for an employee after he files a discrimination complaint without prior approval from HR. Then, act only if it’s clear the proposed action has nothing to do with the complaint.

OSHA launches online whistle-blower complaint form

01/22/2014
OSHA now offers whistle-blowers an online complaint form. Until now, whistle-blowers had to either write or call OSHA. The online form is designed to provide workers who have been retaliated against an additional way to reach out for OSHA assistance.

Justify move to outsource troubled department

01/22/2014
Before outsourcing, carefully lay the groundwork. Document the underlying financial and practical reasons, especially if the department is troubled and some employees have filed discrimination or harassment complaints.

Beware discipline immediately after complaint

01/22/2014
Before you authorize disciplinary action against an employee who has just complained about discrimination or harassment, prepare for a legal fight. If you follow through and the employee sues, few courts will quickly dismiss the case.