Retaliation

When worker claims bias or harassment: document, investigate and communicate

12/22/2010

Smart employers respond to every harassment and discrimination complaint and follow up even if they believe there was nothing to the complaint. But some employers ignore this simple advice and choose to blow off employee complaints instead of logging them, investigating and making a determination about what happened. That’s a huge mistake.

Remind bosses: Reference check calls go to HR

12/22/2010

If your managers and supervisors respond to reference calls by offering negative information, a lawsuit is probably coming. That’s why the best practice is to refer all calls for reference checks to HR. Then, only provide the most basic information.

Bergen hospital nurse claims retaliation after reporting abuse

12/21/2010

Mary Louise Doyle, a nurse fired from the Bergen Regional Medical Center, has filed suit against her former employer, claiming she lost her job in retaliation for exposing improper practices at the hospital.

Employee returning from FMLA leave? Don’t demand heroic catch-up

12/14/2010

Exempt employees are generally expected to work as long and as hard as they need to in order to get their jobs done. But that doesn’t mean employers should expect exempt employees returning from FMLA leave to burn the midnight oil to get caught up if no one took up the slack during the absence. Insisting on that is an invitation to be sued for retaliation.

Highland County settles whistle-blower retaliation suit

12/13/2010

A Highland County government employee who was fired after complaining about unsafe working conditions and wage-and-hour violations is $18,000 richer, following a settlement with the county.

Whistle-blowing test: Did employer break law?

12/13/2010

Employees who report concerns that co-workers are breaking the law may view themselves as whistle-blowers—and may believe that makes them untouchable if they themselves have done something wrong. Not true!

Are government workers protected against bias based on marital status? 7th Circuit passes

12/09/2010

Public employees have rights that private-sector employees don’t, including exercising constitutional rights like free speech and due process. That’s because constitutional rights apply to government actions. But do public employees enjoy the right to be free from retaliation based on marital association? Faced with that question, the 7th Circuit recently punted.

After career ups and downs, Ironton officer is still fired

12/06/2010

Beth Rist’s story with the city of Ironton goes back years. She was the Ironton Police Department’s first female officer when she was hired in 1996. In 2001, she sued the department, alleging sexual harassment. She won that lawsuit. But Rist’s string of success appeared to stop at that point …

Remind bosses about legal risk of ‘make workers so miserable they quit’ strategy

12/03/2010

Some supervisors wrongly assume that employees can’t sue if they quit—only if they’re fired. That makes some bosses think the best way to get rid of overly litigious employees is to make life so horrible that they quit. That’s not smart. Employees who find working conditions so intolerable that they have no choice but to quit can still sue for constructive discharge.

Harlem nonprofit sued for firing OSHA whistle-blower

12/02/2010

OSHA is suing the East Harlem Council for Community Improvement for allegedly retaliating against an employee who complained about unsafe working conditions.