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Retaliation

Employee complaining about bias? Always investigate before imposing any discipline

10/03/2011

Don’t let down your guard just because an employee’s discrimination complaint lacks merit. He could still have a legitimate retaliation claim. Simply put, if a supervisor punishes an employee after he complains about discrimination, you can still be found liable even if there was no discrimination in the first place.

Poor performer has complained? Read this before firing!

09/28/2011

Employers usually don’t have a problem terminating an em­­ployee for poor performance if the employee has never raised any kind of discrimination claim. But somehow, as soon as an employee goes to the EEOC (or even just HR) with a complaint, the same employer doesn’t know what to do. Should you terminate the em­­ployee and face a potential retaliation suit?

HR alert: Some of your actions aren’t protected

09/28/2011

Sometimes HR professionals go to bat for employees when they think the company may be overstepping legal boundaries or generally not doing “the right thing.” But those activities aren’t necessarily protected, meaning HR pros can’t claim retaliation if they are punished afterward.

Be specific when crafting claims agreement documents

09/28/2011
Employers can shorten the time employees have to sue by stipulating uniform claims timeframes that cover all disputes. However, you must be very specific about what’s covered.

Conduct truly independent investigations to ferret out retaliation by rogue supervisors

09/28/2011
Employers are liable for the discrimination perpetuated by supervisors unless they can show that, before accepting a supervisor’s termination recommendation, they conducted an independent investigation. Employers that don’t conduct a truly independent investigation—including allowing the subordinate to present his version of events—can still be liable.

Don’t let fear prevent firing of whistle-blower: Your complete records will back you up

09/23/2011
Some whistle-blowing employees think they can’t be disciplined if they report alleged wrongdoing to authorities or upper management. That’s not true. Employers can always discipline employees who break rules or perform poorly. The key is fairness and equal treatment.

Worker wants transfer? Show she requested it

09/23/2011

Poor performers facing disciplinary action may despair when they realize they can’t improve fast enough to avoid termination. Often, that’s when they request a transfer to another open position within the organization. But before you agree to a transfer, be sure to demand the employee’s request in writing and outline exactly why the transfer is being arranged.

4th Circuit: You don’t have to hire applicant who sued former employer for FLSA violations

09/22/2011
The 4th Circuit Court of Appeals has ruled that it’s not retaliation for a prospective employer to refuse to hire someone who sued another employer for wage-and-hour violations under the FLSA. Even so, tread carefully in this area, because the rules could change.

Beware REDA retaliation against ex-employees

09/22/2011

The North Carolina Retaliatory Employment Discrimination Act (REDA) prohibits retaliation when employees engage in protected activity at work. Since REDA protects employees, some employers have argued that the law doesn’t apply to former em­­ployees. It does.

Understand CFRA leave limits: Employees’ reinstatement rights last just 12 weeks

09/16/2011
The Court of Appeal of California has clarified that employees taking California Family Rights Act leave are entitled to reinstatement to the same or an equivalent job only if they return at the end of their 12 weeks of leave or earlier. They can’t take additional non-CFRA leave to ex­­­tend their return rights.