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Retaliation

Discipline hothead who won’t accept decision

06/15/2012

Smart employers try to fix discrimination and harassment problems right away. But sometimes the complaining employee wants more than the employer is willing to give and simply gets angry. If anger turns into insubordination, you can discipline without fear of losing a lawsuit.

OSHA seeks reinstatement of art school whistle-blower

06/11/2012
OSHA is suing the Manatee School for the Arts in Palmetto after it fired an employee who complained to the feds about safety concerns.

FMLA mentioned? Beware inadvertent retaliation

05/30/2012
After an employee tells you he needs FMLA leave, don’t let that information affect your decision-making about promotions or transfers. That could trigger a lawsuit.

Workers’ comp claim? Resist urge to retaliate!

05/25/2012

The North Carolina Retaliatory Employment Discrimination Act outlaws discharging em­­ployees for filing workers’ compensation claims. It’s a protected activity. Equally illegal: Jumping the gun by firing employees before they ­actually fill out the workers’ compensation paperwork.

Jury: He’s no whistle-blower, just an abusive manager

05/24/2012

The Pennsylvania Department of Environmental Protection said it fired Steve Barto from his job as an environmental group manager because he intimidated employees, used racial slurs and behaved erratically. When Barto sued the DEP for allegedly violating his civil rights, he painted a different picture.

Worker loses lawsuit? Track new opportunities

05/18/2012
Many an employee has filed a lawsuit, lost … and found herself still working for the company she sued. Little wonder that she might sense retaliation in every subsequent action that hurts her career. Prepare for that possibility by making it a point to document how her supervisors treat her after her case runs its course.

Don’t fall into the retaliation trap: Handle ‘toxic’ worker’s complaint with care

05/10/2012

Some employees are nothing but trouble. They complain constantly, and even gripes that might have some merit are often exaggerated. However, you must think twice before you summarily terminate such an employee. Reason: You could be falling straight into a retaliation trap. Treat such toxic workers with care.

Document business reasons for job decisions

05/09/2012

Courts seldom second-guess employers for making tough economic decisions, as long as it’s obvious those decisions were made honestly and not as a cover for discrimination. Make that clear by documenting the decisions at the time you make them.

Alleged retaliation draws lawsuit for Dollar General

05/04/2012
Retail giant Dollar General faces a retaliation suit after it fired two workers from its store in Marion.

Once intermittent FMLA leave expires, reset eligibility clock and demand recertification

05/03/2012
Employees who want to take additional intermittent leave under the FMLA must comply when their employer asks for recertification.