Retaliation

How to discipline despite ‘protected’ activity

07/02/2020

Employees who know they are about to be disciplined sometimes think the best defense is going on offense, filing internal discrimination, harassment or whistleblower complaints. If you follow your usual disciplinary rules, treat the employee just like other similarly situated workers and keep detailed, dated records, it’s unlikely a court will find retaliation.

Coming to a court near you: covid-19 lawsuits

05/27/2020

In just a few weeks, dozens of federal lawsuits have been filed alleging some workplace wrong related to the coronavirus or covid-19.

As you reopen and workers return, beware the whistleblower

05/19/2020

At least three laws protect whistleblowers from retaliation, and could give rise to employer liability in the event of a termination or other adverse action on the heels of complaints (or other protected activity).

Beware retaliation following OSHA complaint

04/23/2020

The Occupational Safety and Health Act affords great protection to employees who report dangerous working conditions to the authorities. That has become an issue in the coronavirus era—and a potentially significant source of liability for employers who continue to operate as usual.

Pandemic: Beware backlash after discipline

04/23/2020

Employees at several Amazon facilities have staged walkouts to protest working conditions they fear place them at high risk of contracting the coronavirus. The company’s heavy-handed response to the protests has generated ill-will and bad press.

Have manager who hired also do the firing

03/05/2020

Courts have long assumed that if the same manager hires an applicant and then fires that employee later, chances are he or she didn’t do so for discriminatory reasons. It simply doesn’t make sense—especially when the applicant’s protected status was obvious at the time she was hired.

Snapshot: States where EEOC retaliation charges are most likely

03/03/2020

Employees who filed EEOC complaints in 2019 were most likely to include a retaliation claim if they worked in these five states.

Warn supervisors: Never harass or retaliate against workers who take FMLA leave

03/02/2020

Train your supervisors on all forms of harassment, including harassment against employees who exercise their FMLA rights. Making life difficult for those who have taken or may take protected FMLA leave can backfire badly.

Track who made discipline recommendations

02/10/2020

If you leave discipline and termination decisions to specific managers, be sure to track who has input in those decisions. If you don’t conduct a thorough and independent investigation into the underlying reasons, you may end up rubber-stamping a discriminatory recommendation.

Good records: Your defense against retaliation suits

02/04/2020

Thoroughly document workplace misdeeds. For example, investigate and act on charges of deceit. Records showing you did everything by the book can defeat a retaliation lawsuit.