Retaliation

Do oral complaints carry the same weight as written complaints in retaliation cases?

07/13/2011

Q. We have an employee who has made several complaints about his wages while talking to his manager during informal meetings. Are these oral complaints sufficient to trigger the Fair Labor Standards Act (FLSA) anti-retaliation provision?

Follow up regularly after bias complaint

07/06/2011

There’s no set standard for the amount of time that must pass between a discrimination complaint and an adverse employment action for it to qualify as retaliation. In fact, federal judges hearing retaliation claims have wide discretion in determining whether something may be retaliation based on timing alone. To be safe, periodically follow up with employees who have complained about bias.

Punishing son for father’s complaint is retaliation

06/30/2011

In January, the U.S. Supreme Court ruled in Thompson v. North American Stainless that it’s retaliation to fire someone because his fiancée complained about discrimination. Since then, courts have had to reconsider the idea that only the original complainant can sue for retaliation.

How does New Jersey law protect whistle-blowers?

06/28/2011

Q. What are our obligations to inform employees of their rights against retaliation if they report wrongdoing at work?

Whistle-blowers win big in New Jersey Supreme Court

06/28/2011

The New Jersey Supreme Court has delivered a powerful blow to New Jersey employers that find themselves in the crosshairs of a Conscientious Employee Protection Act lawsuit. It ruled in June that whistle-blowers who suffer retaliation that causes psychological damage can collect lost wages—even if they weren’t fired, but quit instead.

Good faith wins court cases! Don’t use investigation to trap employee

06/24/2011

Employers get lots of leeway when it comes to terminating employees. For example, courts generally uphold firing someone for breaking a rule as long as the employer reasonably believed the employee broke the rule—even if it turns out he did not. But when it looks as if the employer tried to trick the employee into breaking a rule, judges won’t look the other way.

City council goes after clerks, but catches lawsuits instead

06/23/2011

The Westmoreland County town of Jeanette is seeing more than its share of employment litigation. Two city clerks have filed lawsuits, one for age discrimination, the other as a whistle-blower suit.

Remember: Discord isn’t always retaliation

06/23/2011

You can’t retaliate against employees who complain about alleged discrimination in the workplace. But what’s retaliation? Tense working conditions don’t always fit that bill. There can be many explanations for rising tensions that have nothing to do with a discrimination complaint.

Sex harassment, retaliation cost gourmet company $535K

06/16/2011

Monterey Gourmet Foods, a Salinas specialty foods maker, will pay $535,000 to settle an EEOC lawsuit alleging a supervisor sexually harassed workers, who were fired after they complained.

LAPD pays huge judgment for sexual orientation retaliation