Retaliation

Use good notes to shoot down retaliation suits

05/31/2013

One of the easiest ways for an employee to win a lawsuit against his employer is to allege retaliation. That’s because retaliation is anything that would dissuade a reasonable employee from complaining in the first place. Fortunately, some courts are becoming more skeptical about retaliation lawsuits.

Lawsuit may hinge on whether Harrisburg U. is public or private

05/28/2013

The financially troubled Harrisburg University of Science and Technology has asked a federal judge to dismiss a retaliation lawsuit filed by a former professor. She claims she was fired over criticism she and her husband leveled against university officials.

Document all internal bias complaints to head off possible retaliation lawsuits

05/28/2013

Employees who go to HR or the EEOC with a discrimination complaint engage in what’s called protected activity. Even if their claims don’t pan out, they can’t be punished for complaining in the first place. That’s retaliation and can form the basis of a lawsuit on its own, even if there was no underlying discrimination.

First things first on FMLA: Check eligibility before approving leave

05/24/2013

Employers are seeing a surge in requests for intermittent leave in cases where employees need to take parents or children to medical appointments. Before you approve such a request for intermittent leave, make sure you are satisfied with the employee’s medical certification.

Should we go ahead with layoffs–including someone who complained about harassment?

05/10/2013

Q. Our company has been having financial difficulties and we have considered reorganizing for several months. Our chief operating officer has been charged with determining whether any of the current jobs can be eliminated. Recently, before any final reorganization decisions were made, an employee came forward claiming that the COO had been harassing her and had created a hostile work environment …

Age discrimination: Quest for ‘new blood’ will bleed a company’s bank account

05/08/2013

Make sure your supervisors realize that their off-hand remarks about employees’ protected characteristics—age, race, gender, religion, disability—could someday appear in a courtroom on giant laminated posters as part of an employee’s discrimination lawsuit.

Retaliation alert: Don’t punish boss for refusing to alter disputed performance review

05/01/2013

Here’s an important reminder for senior executives: If an employee says she will sue for discrimination unless her evaluation is changed, don’t punish her supervisor if he refuses to go along. That could amount to retaliation for protected activity—meaning you could have two lawsuits on your hands.

‘Mixed-motive’ retaliation case: Who pays attorneys’ fees?

05/01/2013

In some rare cases, employers can win a case in which they disciplined or terminated an employee for illegal reasons. Usually, the employer has to pay the employee’s legal costs. But it’s been an open question whether that’s true in “mixed-motive” retaliation cases. Now the 5th Circuit has clarified that the employer isn’t on the hook for employee attorneys’ fees.

Jury awards fired drivers $243,000 for racial harassment

04/30/2013

A federal jury has awarded two former employees of Concord trucking firm A.C. Widenhouse more than $243,000 in compensatory and punitive damages. The EEOC had filed the suit on behalf of two black employees who complained of pervasive bigotry and harassment at work.

From workers’ comp to part time: Can we reduce employee’s leave benefits?

04/25/2013

Q. We have an employee who was out on workers’ comp and has recently returned to work part time. (She is still collecting partial workers’ comp benefits.) Can we adjust her vacation and personal leave time to reflect the limited hours she’s working, or is she entitled to the full amount of days?