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Retaliation

Cite business reasons to justify terminations

11/11/2012
Here’s how to win termination lawsuits: Back up your decisions with solid business reasons for the discharge—especially if you had to let people go to reduce labor costs or otherwise survive financial hardship.

Informal comment to HR? Beware retaliation suit

11/09/2012
An employee’s casual remark to HR can lay the groundwork for a retaliation claim if the comment could be interpreted as objecting to some form of discrimination. That’s good reason to train HR staff to report all comments and consider them as protected activity.

Use hotline records to nail down complaints

10/27/2012
A hotline makes it easy for employees to file complaints internally—and for you to keep track of the kinds of complaints they are making. That can come in handy later if there’s a dispute about when or about what an employee complained.

Supervisor deserves termination? Fire away–even if he’s a member of a protected class

10/22/2012
Hey, it happens: Sometimes, supervisors screw up. Go ahead and discipline them for their mistakes, even if you’re afraid your actions might trigger a discrimination or harassment lawsuit.

Remind bosses: No comments about EEOC complaints

10/18/2012
When an employee files an EEOC complaint or lets anyone know he has sued former employers, remind managers not to say anything.

Feel free to fire! There’s no reason you have to tolerate threatening behavior

10/12/2012
Have you had it with an em­­ployee who can’t seem to get along with others and who constantly tries to intimidate co-workers? If warnings don’t help, fire him.

Beware excessive monitoring of employees who raise discrimination concerns

10/09/2012
Everyone knows it’s retaliation to demote or fire an employee after he complains about discrimination or cooperates in an investigation. But what about less drastic actions? They might be retaliation, too, under the right circumstances. That can even include excessive monitoring after the employee has complained.

OSHA pops Champagne Demolition for retaliation

10/09/2012
Champagne Demolition in Albany faces an OSHA lawsuit claiming that it illegally fired an employee for reporting improper asbestos removal practices at a company worksite.

Good-faith complaint required for retaliation to be possible

10/05/2012
Employees who complain about alleged discrimination are protected from retaliation—up to a point. Frivolous complaints don’t count.

Employee wouldn’t dance to Bojangle’s manager’s tune

10/02/2012
A Greensboro-area Bojangle’s restaurant has agreed to pay $33,426 to a former female employee after she was harassed, retaliated against and fired for refusing her manager’s advances.