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Retaliation

Cancer doc says he was fired for FMLA advocacy

07/26/2013
The Pennsylvania State University Medical Center is being sued by a cancer surgeon who alleges he was fired in retaliation for defending the FMLA rights of his secretary—who was fighting cancer.

Protected activity doesn’t excuse insubordination

07/26/2013
Some workers believe they are golden as soon as they complain about supposedly illegal employer actions. You can and should punish any be­havior you would have punished if the employee had never complained. That includes terminating an em­­ployee for post-complaint insubordination.

Warn bosses: Don’t single out caregivers

07/26/2013

Being a boss is hard enough, but it’s especially difficult when un­­expected absences disrupt production schedules. Unfortunately, it’s a fact of managerial life. That’s why you should remind supervisors that they must not take out their frustrations by retaliating against employees who miss work for legitimate reasons—such as having to care for a sick child.

You’re not Dr. Phil! Resist temptation to label underperformers’ problems

07/23/2013
We all use psychological lingo to describe behavior we find annoying or disturbing. But when such terms are used in the workplace, that armchair analysis can create needless legal headaches.

New state law expands whistle-blower protections

07/17/2013
Gov. Mark Dayton has signed into law an expansion of the state’s 1987 whistle-blower act. The new Minne­­­­sota Whistleblower’s Act protects from retaliation both public- and private-sector employees who report misconduct.

Zip it! Keep all investigations confidential

07/17/2013
Employees who participate in internal investigations into discrimination charges are protected from retaliation. That’s why it’s good policy to keep investigations confidential. Don’t divulge the names of cooperating employees to anyone who doesn’t need to know.

It’s now harder to sue for bias, retaliation

07/10/2013

Good news for employers: A pair of U.S. Supreme Court rulings handed down on June 24 will make it more difficult for your employees to file lawsuits against your organization, claiming discrimination or retaliation. Here’s the impact for HR:

10 things you never want to have to admit in a retaliation case

07/09/2013

When an employee either complains internally about discrimination or goes to an outside agency like the EEOC to lodge a complaint, she has engaged in what’s called “protected activity.” She may not be right about the discrimination, but if her employer retaliated against her for complaining in the first place, she could win a large jury award anyway. You’ll want to avoid at all costs having to admit to any of these 10 things if you’re embroiled in a retaliation case.

Add civility code to prevent avoidable lawsuits

07/09/2013
Do you have a comprehensive civility code? If not, consider adding one. A work environment contaminated by yelling, cursing and other uncivil behavior could lead to discrimination and retaliation lawsuits.

Beware firing for forwarding emails that might support retaliation claim

07/09/2013
Be careful before firing someone for violating email policies that prohibit forwarding company documents to a personal email account. If the forwarded documents support an EEOC or other discrimination complaint, and if the forwarding isn’t “disruptive,” firing the employee could trigger a retaliation claim.