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Retaliation

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.

Never silence a harassment case by urging complainer to resign

05/02/2012

Sexual harassment victims deserve to have their claims investigated, not ignored. Under no circumstances should you encourage a complaining employee to quit instead of having to endure continued harassment. That’s a sure indication to many juries that the worker was punished for reporting sexual harassment.

Beware justifying hiring or promotion with criteria that don’t appear in job description

04/30/2012
Here’s a reminder to pass on to everyone involved in the hiring or promotion process: You’re running a huge risk if you deviate from the job announcement’s minimum and preferred qualifications.

Supervisor bias creates employer liability: Never ignore charges that boss used racial epithet

04/24/2012
You’re almost guaranteed a messy lawsuit if you ignore an employee’s complaint that a supervisor used a racial epithet. Courts have ruled that even a single use of the N-word can be enough to create a racially hostile work environment when the speaker is a supervisor.

Harassment + retaliation + defamation = $168 million

04/19/2012
A federal jury in Sacramento unanimously awarded $168 million in damages and lost wages to a physician assistant for various claims lodged against her former employer, Catholic Healthcare West (CHW).

Disability harassment costs Glenview company $70,000

04/19/2012
The Glenview-based Family Video chain has agreed to settle a disability discrimination suit filed by a former employee of a store in New York who suffers from depression and social anxiety disorder.

Firing injured employee? Have legit business reason

04/19/2012

Illinois employees are protected from retaliation for filing workers’ compensation claims. Protection kicks in when a claim is actually filed or when the employer knows the employee was injured and needs medical care. But that doesn’t mean you can’t fire an injured employee for reasons wholly unrelated to the injury.