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Retaliation

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?

VA medical center police sue for alleged retaliation

08/06/2010
Bay Pines Medical Center, a Department of Veterans Affairs facility in St. Petersburg, has been sued by police officers who allege they were retaliated against when they came forward with discrimination charges.

Tell bosses: Accommodation backlash can be retaliation

08/06/2010
One of the most common mistakes employers make is allowing bosses to subtly retaliate. Take, for example, an employee who asks for a religious accommodation. If the request is approved, it may cause scheduling difficulties. Some supervisors may be tempted to get back at the employee for the hassle the accommodations are causing. Don’t let them.

Not all action after complaint is retaliation

08/06/2010
Employees are protected from retaliation for complaining about alleged discrimination. That doesn’t mean, however, that everything negative that happens after a complaint is filed is grounds for a retaliation lawsuit.

Bias charges false? Discipline isn’t retaliation

08/06/2010

Not every discrimination claim turns out to be true. Some may be exaggerated, others just downright false. If you investigate a complaint and conclude that it was untrue, you can and should discipline the employee.

In tight times, be prepared to handle whistle-blower complaints

08/05/2010
The sour economy has every company looking for ways to pinch pennies. If belt-tightening turns into illegality, employers can expect employees to alert the authorities. Virtually every law governing the workplace has a whistle-blower provision.

Disruptive employee really deserves firing? Don’t let FMLA keep you from pulling the trigger

08/05/2010

Some employees are difficult, always skating on thin ice. They’re disruptive, don’t listen to directions and pretty much do whatever they want. Even so, employers often hesitate to fire such troublemakers if they’ve recently requested FMLA leave or claimed to be disabled. Don’t be manipulated into keeping those bad apples.

Trucking companies unload $50K to settle retaliation suit

08/02/2010
Two Texas transportation brokerage companies have agreed to pay $50,000 to settle an EEOC discrimination lawsuit. The suit centered on allegations of harassment and retaliation at Amino Transport and Chariot Express, Dallas-based trucking companies.

Guard against punishing FLSA whistle-blowers

08/02/2010
The Fair Labor Standards Act makes it illegal to punish an employee who reports violations, real or perceived, to the U.S. Department of Labor. If you learn about such a report, don’t punish the messenger. Address the complaint.