Retaliation

Court rules on early FMLA protection: Never fire for requesting leave in advance

02/13/2012

The 11th Circuit has ruled for the first time on an important FMLA question, providing greater protection for employees who are not yet eligible for FMLA leave but who request leave that will start once they become eligible.

Subpar employee fired for good reason? He can still sue for FMLA retaliation

02/03/2012

Many employers don’t realize that they can still be sued for FMLA retaliation by a terrible employee that they fired for perfectly legitimate business reasons if there’s a possibility he was punished for requesting or taking FMLA leave.

Be sure to document the effective date of all new disciplinary policies

02/02/2012

When you change a disciplinary policy, make sure you document exactly when the change went into effect. That way, an employee who is punished more severely can’t point to the earlier disciplinary actions as evidence he was unfairly singled out.

Reverse bias suit heats up La Marque Fire Department

01/31/2012

The former chief of the La Marque Fire Department is suing for race discrimination and retaliation after a series of run-ins with the city manager over alleged harassment within the department.

What counts as illegal retaliation? DOL explains

01/23/2012

The U.S. Department of Labor recently issued three new fact sheets that help clarify what types of employer actions rise to the level of illegal retaliation under the FMLA and FLSA.

San Francisco janitors, former employer settle race-bias suit

01/20/2012

A group of seven San Francisco janitors will split $180,000 to settle an EEOC lawsuit that alleged ABM Industries discriminated against Hispanic employees and retaliated against those who filed discrimination complaints with the EEOC.

It’s good faith that matters: Minnesota whistle-blowers don’t have to be right

01/12/2012

Under Minnesota’s Whistleblower Act, employees who report alleged employer wrongdoing to their employer or the government are protected from retaliation. Those employees don’t have to be right about their allegations—they just have to act in good faith. If their allegations have an “objective basis in fact,” they are protected by the law.

Reassignment to new position might be retaliation

01/12/2012

Some employees might welcome a transfer from a physically challenging job to a more sedentary one. But for someone who liked the old job and doesn’t feel qualified for the new one, the move could feel like retaliation.

Threatening suspension could be retaliation

01/06/2012

Warn bosses: Threatening someone with discipline may be retaliation.

Worker makes threats? That’s a firing offense