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Retaliation

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.

Supreme Court: Check boss bias before discipline

03/29/2011
It’s more important than ever now for HR professionals to independently check supervisors’ disciplinary recommendations to ensure that they have no ulterior motives. That’s because the U.S. Supreme Court, in a much-anticipated “cat’s paw” ruling, said that an employer can be found liable for the discriminatory intent of supervisors who influence—but don’t ultimately make—an adverse employment decision.

Appeals court: No serial litigation for related claims

03/16/2011

Good news for employers: The 11th Circuit Court of Appeals has ruled that an employee can’t wait until losing one lawsuit to file another one based on the same events, even if the second lawsuit involves a different law. Employees have to file related claims together.

SCOTUS retaliation ruling already a factor

03/16/2011
The ink was barely dry on the U.S. Supreme Court retaliation decision in Thompson v. North American Stainless when a federal judge considering a Florida case expanded the opinion’s reach.

Fire insubordinate worker, despite complaint

03/16/2011

Employees who complain about discrimination or harassment are protected from retaliation. But some of them mistakenly believe that complaining makes them invincible. That’s not true. Employers can discipline any employee who deserves it—including those who have complained—as long as the rules are applied fairly.

After Supreme Court decision, what you must do to prevent retaliation

03/14/2011
The Supreme Court’s decision in Thompson v. North American Stainless underscores the need for employers to take proactive and thoughtful measures to prevent retaliation claims. Follow these practices to help avoid retaliation claims—not only from employees who have engaged in protected activity, but from those closely associated with them.

HR can’t always save the day when bosses go overboard

03/14/2011
HR can’t right all wrongs. When a supervisor rashly fires an employee for filing a complaint, not even fast action by HR to reinstate the employee can save the company from liability.

Your best defense against failure-to-hire suits: Sound hiring process, complete documentation

03/14/2011

It’s one of the HR profession’s hard truths: You never know which applicant may sue you if he or she isn’t hired. That means you must be ready to defend every hiring decision. The best way is to have a clear routine that everyone involved in the hiring process must use.

NLRB: Pre-emptive firing to prevent employees from discussing pay and benefits is illegal

03/09/2011
In a recent case, the National Labor Relations Board ruled that employers unlawfully interfere with an employee’s rights if they terminate the person in anticipation that he might discuss working conditions with his co-workers in the future.

Opposing unemployment comp isn’t retaliation

03/04/2011
A federal court has dismissed a case that could have created big headaches for any employer trying to prevent a discharged employee from receiving unemployment compensation benefits.