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Retaliation

Disciplining? Consider employee’s FMLA status

05/06/2011
Employees who take FMLA leave may have a retaliation case if their employers discipline them differently than other employees and can’t explain why. That’s why you must be able to explain every discipline decision and differentiate between seemingly similar conduct.

Lessons from LEAP 2011

05/03/2011
Last month, The HR Specialist hosted the 7th annual Labor  & Employment Law Advanced Practices (LEAP) Symposium in Las Vegas. Here are a few nuggets of insight and advice from the more than 30 attorney speakers:

Whistle-blower claims retaliation by Bexar constable’s office

05/02/2011

Michael DeMarquis worked for the Bexar County Office of the Constable for only five months, but between August and December 2009, he says he compiled an extensive list of illegal practices. Now he’s suing the law enforcement agency, claiming he was fired from his job as a warrant clerk in retaliation after he uncovered the following:

Goodyear’s defense falls flat, inflates employee’s wallet

04/25/2011
A five-week trial in Cumberland County has ended in a win for a former manager at Goodyear Tire & Rubber Co.’s Fayetteville plant. The jury awarded the employee $450,000 in compensatory damages for retaliation and emotional distress.

Out of sight shouldn’t be out of mind: Monitor remote facilities for signs of harassment

04/25/2011
Some employers are apparently still clueless about their obligations to prevent, detect and remedy unlawful harassment.. Lawsuits continue to clog up the legal system as employees keep filing sexual harassment cases. Many of those cases revolve around what happens far from corporate headquarters.

What are the basics of retaliation liability?

04/25/2011
Q. We keep hearing that retaliation can be a bigger lawsuit worry for employers than even discrimination or harassment. What kinds of employment laws impose retaliation liability?

N.J. Supreme Court decides: Can employees take confidential docs?

04/25/2011
Can an employee who wants to prove discrimination take, copy and dis­close company documents? How does that square with the company’s right to protect what it deems to be confidential information? The New Jersey Supreme Court ­recently offered some guidance on this issue in Quinlan v. Curtiss-Wright.

Return-to-work denial might be retaliation

04/25/2011
Some employers seem to think they can force troublesome employees to give up and quit by making work life miserable. The more likely result: a lawsuit.

Beware retaliation long after bias complaint

04/25/2011

Think retaliation won’t be a problem because plenty of time has passed since an employee complained about alleged discrimination? Think again! Always be on the lookout for possible retaliation, no matter how long it has been since the initial complaint.

Supreme Court’s big retaliation ruling already a factor

04/19/2011
When the U.S. Supreme Court speaks, employers better listen! The ink was barely dry on the High Court’s retaliation decision in Thompson v. North American Stainless when a federal judge considering a Florida case expanded the opinion’s reach.