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Retaliation

Close scrutiny after FMLA leave can spell trouble

09/03/2010

Be careful how supervisors treat employees returning from FMLA leave. Otherwise you could face an interference or retaliation lawsuit. Bosses must treat a returning employee the same way she was treated before she went out on leave. Any sudden, increased scrutiny spells trouble.

Vague gripes about bosses aren’t protected

09/03/2010

Employees who are punished for complaining about alleged illegal discrimination can sue for that retaliation. And they don’t have to show that actual discrimination took place—just that they believed in good faith that it did. Still, that doesn’t mean that every vague complaint can be used as the basis for a retaliation claim.

When duty calls: Don’t interfere with employees’ jury duty

09/01/2010
The Federal Jury Act makes it clear that employers may not “discharge, threaten to discharge, intimidate, or coerce any permanent employee by reason of such employee’s jury service, or the attendance or scheduled attendance in connection with such service, in any court of the United States.” Two recent cases show that courts won’t turn a blind eye to employers that fire workers because of jury service.

Promoting employees from rank-and-file to boss? Make sure their training includes retaliation

09/01/2010

Sometimes a newly minted supervisor takes the opportunity to settle old scores with former co-workers. That can create liability for the employer. That’s why—before the promotion goes into effect—you must train the candidates on sensitive issues such as harassment and retaliation.

Bias complaint, then discipline? Watch out!

09/01/2010

Some employers try to avoid the impression of retaliation by making sure that whoever makes disciplinary decisions doesn’t know about any discrimination complaints. That way, they can argue that if the decision-maker wasn’t privy to the complaint, he couldn’t be retaliating. It isn’t quite that simple.

EEOC sues Safelite Glass for sexual harassment

08/27/2010
Safelite Glass’ windshield replacement operation in Enfield faces charges it failed to stop an HR manager from sexually harassing a female employee.

Lawsuit: Trucking firm owner harassed, then retaliated

08/27/2010
The EEOC has filed sexual harassment and retaliatory discharge complaints against Mount Airy-based Mountain River Trucking after what an employee says was nearly daily sexual harassment by the company’s owner.

It’s not whistle-blowing! Challenge minor complaints

08/23/2010
Some employees think that every complaint they make to their employers is a protected whistle-blowing complaint. That’s just not true. Case in point:

Beware retaliation lawsuit if you act against employee who challenges ADA compliance

08/23/2010
You may not realize that employees can sue for retaliation if they’re punished for taking action to enforce the ADA against another organization. If the employee can show the action led to the punishment, he has a case.

Does the Florida Workers’ Comp Law require pre-suit notice in retaliation cases?

08/06/2010
Q. We are a private company that provides services under contract to a subdivision of the state. Normally, before any tort lawsuit has been filed against us related to our services to the state agency, we have received a pre-suit notice as required under Section 768.25, Florida Statutes, to trigger a waiver of sovereign immunity. A former employee has brought a lawsuit against us, alleging that his discharge was unlawful workers’ compensation retaliation under Section 440.205, Florida Statutes. However, he never sent us a pre-suit notice for this statutory tort. Can we get the case thrown out?