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Retaliation

HR suspects discrimination? Lawsuit just got stronger

09/10/2012
An employee must levy very specific allegations for a bias complaint to become protected activity—unless HR already suspects discrimination.

Follow up with harassed employee to check for retaliation–and prevent future lawsuits

09/10/2012
When an employee complains about sexual harassment, protect yourself against a later retaliation lawsuit by following up with her. Your goal: To get her on record as experiencing no backlash, thus making it harder to sue for retaliation.

Suggesting ways to improve isn’t discrimination

09/10/2012
Some employees are hypersensitive to any criticism, even if it is constructive. That won’t turn a weak discrimination lawsuit into a winner. For example, if the employee receives a largely positive performance review that lists some areas in need of improvement, chances are the court will toss the case fast.

Was firing retaliation? Lufkin faces bias lawsuit

09/04/2012
A former Lufkin Industries employee is suing the oil field equipment manufacturer, alleging he was fired for complaining about racial discrimination.

Complaint + sudden criticism = retaliation

09/01/2012

Juries like simple cases. If an em­­ployee complains about discrimination and management does nothing, that’s one thing. But if suddenly the employee is criticized, placed on a performance improvement plan and then fired, jurors may see retaliation.

Forsyth sheriff defends firing in motorcycle raffle kerfuffle

08/28/2012
Forsyth County Sheriff Bill Schatz­­man has denied any wrongdoing in the firing of Sgt. Michael T. Russell, an Iraq War veteran. Schatzman claims he fired Russell for “disloyalty.” Russell calls it retaliation.

Sexual harassment within HR demands alternative reporting system

08/28/2012
No department is immune from sexual harassment—not even HR. And when someone in HR is implicated, that’s a big problem.

Specifics matter when workers allege discrimination

08/21/2012

Employees who complain to their employers about discrimination are usually protected from retaliation. But they must at least mention the sort of discrimination at issue. Simply protesting that an evaluation wasn’t fair won’t do the trick.

Court: Employee must tie claims to protected status to win hostile environment case

08/21/2012
Some employees think that any unfair treatment is grounds for a lawsuit under either federal law or California’s Fair Employment and Housing Act (FEHA). Fortunately for em­­ployers, mundane workplace gripes aren’t enough to support a lawsuit.

Win lawsuits the easy way: Always document discipline

08/14/2012
Smart employers have policies that require supervisors to document all discipline. That documentation can come in handy if a discharged employee decides to sue. The fact is, employers usually win lawsuits if they show they had a legitimate reason for an employment decision.