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Retaliation

When workers and bosses trade ­accusations, prepare to sort out retaliation claims

08/08/2011

Here’s a unique spin on a retaliation claim: An employee files an internal complaint alleging his supervisor is discriminating against him. Then the supervisor files his own internal complaint against the employee. Is that retaliation? Not according to the court in this case.

HR law 101: Always follow up with employee who has filed internal discrimination complaint

08/08/2011
Smart HR pros make it a point to check back regularly with employees who complain about alleged discrimination. They document those conversations and address any problems the employee reports, such as claims supervisors are blocking promotions or other opportunities.

3 million reasons not to ‘get revenge’ on complaining worker

08/04/2011

Do your supervisors know it’s illegal to lash out at or get revenge on em­­ployees who voice legal complaints? While race discrimination has historically been the most popular employee discrimination claim with the EEOC, retaliation took over the top spot last year. A recent $3 million jury verdict shows how America is becoming Retaliation Nation.

Altering employee’s schedule? Be sure to document your reasons for making the change

07/25/2011
There are plenty of good reasons why you might have to change an employee’s schedule. Don’t get sloppy about how you implement the change. Make sure you document exactly why you are rejiggering the usual schedule.

Proceed with layoff if employee you planned to cut suddenly complains about discrimination

07/25/2011

When employees hear rumors that business is down, they often worry that jobs will be cut. One trick they sometimes use is to rattle a few chains and start complaining about discrimination. Don’t let that interfere with plans already in place for a layoff or other workplace changes that you know aren’t related to discrimination. Just make sure you have adequate documentation to explain when the layoff decision was made and why.

Not everything workers post online is protected

07/25/2011

No doubt you have heard about the Facebook posting cases in which employers have been sued for punishing employees for their social net­work­­­ing activities. Some decisions make it seem like employees can post anything they want. Fortunately, that’s not true.

Discipline after testimony can be retaliation

07/22/2011
Reacting angrily to employee litigation can backfire. Filing a lawsuit is a protected activity, and sudden discipline following legal action is dangerous.

Check reviews: Has employee ever complained?

07/22/2011

As an HR pro, you probably have to review all employee evaluations as well as records of employee complaints. Keep close tabs on both. Why is that important? Because even an all-star employee can let her performance slip or do something that breaks company rules.

Employee feels slighted by promotion process? That’s not enough to win retaliation lawsuit

07/13/2011

Some employees believe that anything the least bit negative that happens to them after they file a lawsuit is grounds for a second lawsuit alleging retaliation. That’s not true. To constitute retaliation, an employer has to do something that would dissuade a reasonable employee from filing a lawsuit in the first place.

Appeals court: No second chance to appeal lower court’s decision on retaliation damages

07/13/2011
An employee who won a discrimination case after he filed an appeal has lost his second appeal. He had claimed it wasn’t enough that a lower court had ordered almost one million dollars in back pay. He said he should have been promoted, too.