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Retaliation

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.

When employer calls for a recommendation, keep it basic

12/02/2010
When it comes to recommending former employees, the simpler the better. Stick with the basics like dates of employment and job titles and you’ll rarely have trouble in court.

Comments cost boss his job, may cost company more

12/01/2010
A former employee of H&W Industrial Services in Longview is suing the painting and cleaning contractor for sexual discrimination and harassment after a supervisor allegedly made comments about her sexual orientation.

Cabbies charge race, religious bias at DFW Airport

12/01/2010

Approximately 250 taxi drivers have filed EEOC discrimination and retaliation complaints against Dallas/Fort Worth International Airport, alleging racial and religious bias. The cabbies, most of who are of Middle Eastern origin, allege that an airport manager referred to them as animals and called the taxi queue the “Central Zoo.”

Women: Holiday Inn manager expressed himself inappropriately

12/01/2010
A North Carolina hotel management company finds itself exposed to legal liability because the manager of the Holiday Inn Express in Simpsonville, S.C., allegedly exposed himself to female employees.

Investigation points back to employee who complained? It’s OK to punish her, too

11/26/2010

If an internal investigation reveals that the employee whose complaint launched the process was also engaged in improper behavior (or was, in fact, the person to blame for the situation), don’t hesitate to punish appropriately. As long as you act in good faith, a court is unlikely to conclude the punishment was retaliation for complaining in the first place.

Investigations: You can (and should) demand silence from all participants

11/26/2010
Water-cooler talk about alleged discrimination or harassment can poison a workplace. That’s why your company policy should require all participants in investigations (including witnesses) to keep quiet about the issue. That way, rumors and exaggerated claims won’t influence other employees who haven’t yet told investigators their side of the story.

When employee sues, beware whistle-blower add-on that alleges violation of public policy

11/24/2010

New Jersey’s Conscientious Employee Protection Act protects employees who blow the whistle on wrongdoing. That can include reporting conduct that the employee reasonably believes violates “a law, rule or regulation … or a clear mandate of public policy.” The employee doesn’t have to get very specific, especially claiming he blew the whistle on conduct that violates public policy.