Retaliation

When good performer is suddenly disciplined, consider that a red flag for retaliation

10/31/2011

Before authorizing a transfer, demotion or other adverse action based on poor performance, make sure you check the employee’s file. That’s especially true if the employee (or someone closely associated with the employee) has recently filed an EEOC complaint or lawsuit or otherwise engaged in protected activity.

Better treatment after claim? That’s hardly punishment

10/25/2011

Employees who complain about harassment are protected from retaliation. It follows that if the employee is promoted and gets a raise, he can’t argue that he was punished. One employee’s case before the 9th Circuit Court failed because his employer treated him well after he complained.

Fresno laser clinic sees light on harassment

10/25/2011

Employers don’t just have to protect employees from harassment by co-workers and supervisors. They’re also responsible for keeping employees safe from others they must interact with on the job. American Laser Centers, the largest laser hair removal company in the U.S., found that out the hard way.

HR ethics on trial: Whose side are you on?

10/24/2011

Sometimes, HR pros go to bat for employees when they think the company is overstepping its legal boundaries or generally not doing “the right thing” for the worker. But what happens when HR sticks its neck out and, in turn, gets it chopped off?

Be alert for retaliation suit if manager reports that a colleague discriminates or harasses

10/18/2011

It’s protected activity if a manager reports to HR that another manager has been treating subordinates who belong to a protected class more harshly than other subordinates. Punishing the reporting manager for doing so could be retaliation.

Take control of your internal complaint process

10/18/2011

Employees can’t be punished for reporting alleged discrimination. That would be retaliation. But within reasonable limits, managers have the right to tell employees how to report alleged discrimination.

Be patient and scrupulously fair when dealing with litigious employee who has complained

10/12/2011

Employers will win in the long run if they exercise restraint and use patience when dealing with an employee who clearly is looking for a lawsuit. It will take work.

Document rationale for termination even if you decide not to tell employee

10/07/2011

It’s true that at-will employees can be fired for any reason or no reason at all, as long as that reason isn’t discriminatory. Many employers therefore conclude that they don’t have to tell an employee why he’s being let go. But some even conclude they don’t have to document the reason, either. That can be a big mistake.

Document your consistently fair practices

10/06/2011

Much as you would like to, you can’t control every statement that comes out of supervisors’ mouths. Someday, someone somewhere within your organization will utter an ethnic comment or slur. That doesn’t have to become the basis for a successful lawsuit—as long as you have a track record of treating all employees fairly.

Even stupid remark won’t sink legitimate discharge case

10/03/2011

Supervisors sometimes say incredibly dumb things. But those remarks won’t necessarily create liability—if you have carefully documented employee performance.