07/27/2010
Recently, the 3rd Circuit Court of Appeals had a chance to declare that an informal internal complaint about ERISA-covered benefits might be enough to protect an employee from retaliation. Fortunately for employers, it declined to do so.
07/23/2010
Complaining about things like pay disparities and other alleged acts of discrimination doesn’t make an employee immune from discipline. But if the timing between the complaint and the discipline is too close, watch out for a retaliation lawsuit. Make sure that doesn’t happen by setting up a process in which disciplinary recommendations are based on an independent investigation.