Retaliation

OK to discipline worker who has complained, but be sure you can justify your decision

12/17/2013

Courts don’t want to tie management’s hands; they just want to protect employees from genuine retaliation. That’s why the standard for retaliation is anything that would dissuade a reasonable worker from complaining in the first place. Most minor discipline doesn’t reach that level.

Does your employee discipline have to be identical?

12/13/2013

Before your organization disciplines an employee, it’s always important to ask these questions: Have other employees violated the same policy? If so, what action did we take against that other employee? How similar are those two situations? One court recently said employers shouldn’t search for “identical” situations—“similar” is good enough.

Whoa! Never saw that one coming! You’re not responsible for aberrant crime

12/10/2013

Unless it’s obvious that an employer acted maliciously by purposely setting out to harm an employee, chances are it won’t be held responsible for the consequences of a co-worker’s crime.

Boss’s verbal gaffe doesn’t prove retaliation

12/10/2013

Worried that a supervisor’s isolated, ill-advised comment about a subordinate’s cooperation in a discrimination case will mean an automatic win if the employee sues for retaliation? It’s not a sure thing.

2 employment law bills fall to Gov. Brown’s veto pen

12/03/2013

Gov. Jerry Brown recently vetoed two laws affecting employee rights.

Employee acts as own lawyer? You’ll need to be patient

11/26/2013

When so-called pro se litigants represent themselves before the EEOC and in federal court, you’ll need patience. It will pay off in the long run.

Supreme Court to hear variety of employment-related cases

11/14/2013

The U.S. Supreme Court will hear a number of cases during the 2013-14 term that could affect employers.

Ensure taking leave is employee’s choice

11/14/2013

Forcing someone to take leave when she doesn’t want to can be considered an adverse employment action and become the basis for a discrimination or retaliation lawsuit.

Strive for harmony, plan for a lawsuit: Document every complaint as if you’ll be sued

11/12/2013

You probably have a great anti-discrimination and anti-harassment written policy. Unfortunately, failing to accurately track every employee complaint about these issues could mean your policy efforts will backfire if the dispute winds up in court. How could that happen?

Lawsuit after translator at chicken farm gets the ax

10/30/2013

The EEOC has taken up the case of a man who worked as a translator for Haitian workers at a Lumber Bridge chicken farm. The man allegedly complained that Haitian workers at Mountaire Farms were treated more harshly than other employees. He claims that he made one complaint too many and was fired for it.