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Retaliation

There are complaints, then there are complaints: General gripes about unfairness aren’t protected

01/14/2011

Employees who complain about discrimination engage in what the law calls “protected activity.” They can’t be punished for complaining. But not every complaint is protected. For example, when an unhappy employee goes to her supervisor and complains she isn’t being treated fairly, that’s not tantamount to complaining about discrimination.

After bias complaint, beware future discipline

01/14/2011
Employees who complain about discrimination sometimes think that makes them immune from discipline. They may have heard that employers can’t retaliate against employees who complain. That’s true, but only to a point. The best approach: Make sure the managers who decide on discipline don’t know about the prior complaint.

When religion is crux of workplace problems, base discipline on behavior–not belief

01/11/2011
Warn managers and supervisors: They must not refer to an employee’s religious beliefs when taking any adverse employment action. That’s true even if the decision being discussed involves a dispute over a religious accommodation.

After worker complains of bias, beware even small job changes–such as less overtime

01/07/2011
Employees who complain about discrimination are protected from retaliation. Anything that would cause a reasonable employee to rethink the original complaint is fair game for a retaliation lawsuit, including such seemingly minor consequences like losing a few hours of overtime pay.

The practice judges never forgive: Retaliation

01/07/2011
Some employers are slow learners—they still don’t understand the danger of retaliation. Judges are fairly tolerant of all kinds of inappropriate employment practices, but they really, really don’t like it when an employer punishes someone who has just complained about those practices.

Highland Village firefighter: Department harassed, retaliated

01/07/2011
A female firefighter in Highland Village has filed a lawsuit accusing the municipality of sexual harassment and retaliation following her firing in November 2008, after she filed internal and state complaints.

Beware constructive discharge: When work is so intolerable, employee feels he must quit

01/07/2011

Every once in a while, an employee is such a pain in the neck that a manager wishes he would just quit. Methodically, the boss makes life increasingly difficult for the problem child. Finally, the employee resigns. Problem solved, right? Wrong! Now the employee can sue, claiming “constructive discharge.”

Document all discipline, every complaint

01/03/2011

Some employees may manufacture complaints when they think they’re in trouble at work. That’s why it’s so important to maintain good records of all work problems, discipline and complaints. Employers that can prove they were raising concerns about performance before the employee complained about discrimination or harassment effectively cut the causal link between the complaint and the alleged retaliation.

Tuscarora Yarns pays to get untangled from suit

12/22/2010
Tuscarora Yarns, based in Mount Pleasant, has agreed to settle an EEOC lawsuit filed on behalf of a former employee who says she lost her job after accusing a plant manager in Oakboro of sexual harassment.

Former Wachovia controller files whistle-blower suit

12/22/2010
A former commercial real estate finance executive with Charlotte-based Wachovia Capital Markets has sued the company, claiming he was fired for questioning the bank’s risk-management procedures.