• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Retaliation

Document all disciplinary actions, including why and when you decided to act

03/31/2011

Some employees facing discipline believe that if they file a discrimination complaint, they can escape trouble. If disciplined, they’ll cry “retaliation!” Smart employers counter this subtle form of blackmail by clearly documenting and time-stamping all decisions and the process that led up to those decisions.

Ohio Supreme Court refuses to hear false ticket case

03/31/2011
Beth Rist, former Ironton police officer and current Ironton City Council member, appears to have exhausted her legal appeals in her battle to return to uniform. The Ohio Supreme Court has declined to hear her case.

When employee requests accommodation, beware overly cautious return-to-work conditions

03/31/2011

When employees who have had serious health crises return to work, employers often worry that they may not be able to work safely. While that may seem like a valid concern for em­ployee welfare, courts seldom see it that way. In fact, if a returning employee also requested reasonable accommodations, refusing to let him return may amount to retaliation for protected activity.

Supreme Court: Complaints don’t have to be in writing to be protected

03/29/2011
Employees are now three-for-three in Supreme Court employment law cases this term, now that the High Court has ruled that an employee’s complaints don’t have to be written to be protected from retaliation by their employers.

Franklin County EMS head sues for bias, FMLA retaliation

03/29/2011
The former acting head of Franklin County’s emergency management agency has filed federal sex discrimination and hostile work environment charges against the county, alleging her working conditions were so severe she developed a serious health condition that required medical leave.

Be patient if worker alleges minor harassment

03/29/2011

Employers have an obligation to prevent sexual harassment and to end it when it does occur. But many times, what a thin-skinned employee considers harassment isn’t actually serious enough to rise to that level. When that happens, smart employers exercise patience. They understand the very real danger of winning a sexual harassment case but losing the retaliation case that follows.

Limit access to information about litigation

03/29/2011

With the most recent U.S. Supreme Court pronouncement on retaliation, it’s now clearly impermissible to punish someone who is closely related to an employee who has filed an EEOC complaint or lawsuit. But you can protect yourself by limiting who within the company knows about litigation.

Employee miffed about your decision? That’s no reason to tolerate insubordination

03/29/2011

Employees tend to get angry if management dismisses or turns a blind eye to some perceived injustice. That anger may manifest itself in many ways, including refusing to cooperate with reasonable requests. You don’t have to put up with that passive-aggressive behavior.

Head off problem employees’ retaliation suits: Document all decision-making as it happens

03/29/2011

Guess which of your employees are among the most likely to file a discrimination complaint, request ADA accommodations or ask for FMLA leave. Those who know they’re in trouble at work. They think that by doing so, they’ll make you think twice before discharging them. If that doesn’t keep you from firing them, guess what happens next.

Don’t change termination reason after the fact

03/29/2011

Before you officially terminate an employee, make sure you have nailed down the reasons. That’s the official word—even if your decision is challenged. Here’s why: A court may see new or additional reasons as evidence that the first reasons were just excuses.