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Retaliation

Co-worker slights aren’t enough for retaliation claim

05/11/2011

Courts recognize that employers can’t control everything employees do. Judges expect employers to educate workers on appropriate conduct, but they don’t expect perfection. If you hear that co-workers have been giving a hard time to an em­ployee who has filed discrimination charges, check it out and tell them to stop. But don’t lose any sleep over minor slights.

Act fast to stop any potential retaliation against worker who complains about bias, harassment

05/11/2011

Many employees who file discrimination claims are on the alert for potential retaliation. That’s why HR should always check back with employees who file harassment or discrimination charges. If those employees report anything that smacks of retaliation, fix the problem right away.

Tell managers: Get over it! Handling ­employee complaints is part of the job

05/06/2011

It gets tiresome hearing complaints all day. But managers need to understand that showing any irritation when an employee gripes may taint any subsequent disciplinary action against the complainer. The best approach is to accept every complaint with a smile and send it on to HR.

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.