Retaliation

Is it really whistle-blowing? Not without good faith

03/30/2012

Some employees think that throwing around a few unfounded allegations makes them whistle-blowers. They assume that by reporting what they think is illegal activity, they gain job protection. That’s not always true. If the alleged misconduct isn’t reported in good faith, there’s no protection.

Employee making threats? Know how to legally handle explosive situation

03/28/2012

Some employees are simply difficult to manage. They start arguments and may see harassment or discrimination at every turn. Sometimes they cross a line, implying they could get violent. How you handle their complaints can spell the difference between winning and losing a lawsuit.

EEOC targets last-chance deals that limit employee rights

03/22/2012

The EEOC has won the first round in a legal battle over whether an employer may ask workers to waive their rights to file future discrimination claims.

Warn managers: That snarky email may be the smoking-gun evidence that loses a lawsuit

03/22/2012

It used to be that managers picked up the phone when seeking HR’s input on how to handle an employee problem. These days, they send an email. That can spell big trouble. Email, unlike a phone conversation, leaves a perfect record of what transpired. And courts don’t hesitate to use email as evidence.

Know the difference between whistle-blowing and an employee looking for an excuse to sue

03/14/2012

There’s whistle-blowing and then there’s setting up one’s employer for a lawsuit. Genuine whistle-blowers are protected from retaliation. Those looking to make a quick buck are not.

OK to ask about employee’s ability to do job after returning from FMLA leave

03/14/2012

Some employees aren’t able to perform their jobs after returning from FMLA leave. Employers can certainly raise the issue with the employee and can even terminate the employee if she can’t do her old job.

FLSA retaliation: New DOL fact sheet

03/13/2012

The DOL has a new fact sheet covering illegal retaliation against employees who complain about possible violations of the Fair Labor Standards Act. Reminder: The FLSA’s anti-retaliation provision applies to all employees, not just nonexempts.

Employee ‘had a hunch’ about bias? That’s not enough to support retaliation suit

03/13/2012

Employees who experience retaliation for complaining about discrimination don’t have to prove bias to win a retaliation lawsuit. But that doesn’t mean that a mere suspicion or hunch that an employer is discriminating is enough.

Employees can’t hide behind FMLA to dodge legitimate discipline

03/08/2012

The 5th Circuit Court of Appeals has dismissed a lawsuit brought by a worker who claimed she was fired in retaliation for taking intermittent FMLA leave. The court ruled that she was fired for the most defensible of all reasons: She treated a customer badly.

OSHA to AirTran: Pay whistle-blower, let him fly