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Retaliation

Don’t get even: The rules, risks of post-employment retaliation

02/09/2011

The typical retaliation scenario involves an employer firing an employee who has complained about discrimination or engaged in some other protected activity. What happens, however, if the employer retaliates after the end of the employment relationship? Do the anti-retaliation laws cover allegations of post-employment misconduct? The short answer is yes.

NLRB sanctions Toledo industrial cleaning company

02/09/2011
The National Labor Relations Board has come down hard on Toledo-based Bebley Enterprises, ruling that the company illegally terminated a collective bargaining agreement, stopped contributing to the union’s benefit program, quit collecting union dues and harassed employees who were loyal to the union.

Tempted to give negative reference? Watch out!

02/09/2011
If a company that’s considering hiring one of your former employees calls for a reference check, think twice before saying you can’t recommend him. If that employee engaged in protected activity while working for you, he may see your negative reference as retaliation for that activity. And that may spur a lawsuit.

Court: Bigger workload could constitute retaliation

02/07/2011
When you warn supervisors not to retaliate against employees who complain about alleged discrimination, include this reminder: Seemingly little things—like increasing the employee’s workload or nit-picking about performance issues—can lead to a retaliation lawsuit.

Amtrak faces equal pay suit

02/04/2011
The EEOC is suing Amtrak for pay discrimination and retaliation, following allegations by a female HR manager in Pennsylvania that the railroad underpaid her because she is a woman.

Vague ‘unfairness’ complaints aren’t protected activity

02/02/2011
Before an employee can claim his employer retaliated, he has to show he engaged in a protected activity. But vague claims aren’t enough.

Arbitrators can decide post-termination retaliation

02/02/2011
Good news if you use arbitration agreements: They apply to former employees who claim retaliation based on protected activity. The potential result: You’re less likely to wind up defending a lawsuit in federal court.

Protect against retaliation suits by conducting independent and ‘blind’ internal investigations

02/02/2011

Employers can’t punish employees for complaining about alleged discrimination or harassment. That’s true even if the complaint doesn’t pan out, as long as the employees complained in good faith. But judges don’t want employees to use the threat of a retaliation lawsuit as a way to circumvent fair discipline, either. There’s a way for employers to get judges on their side.

Supreme Court expands retaliation prohibitions

02/02/2011
Employers everywhere must be extra cautious about discipline that could be construed as retaliation now that the U.S. Supreme Court has unanimously affirmed that the fiancé of a woman who filed an EEOC discrimination complaint was protected from retaliation by their mutual employer.

Don’t shoot messenger when you uncover possible bias

01/28/2011
Employees who provide information about possible discrimination to the EEOC are protected from retaliation for doing so. Courts generally protect the EEOC’s ability to conduct investigations. They don’t like to see cooperating employees discouraged from answering questions.