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Retaliation

Boss threatens retaliation? You can still save the day

07/20/2010
Employers aren’t allowed to retaliate against employees for participating in another employee’s discrimination case. But sometimes supervisors get frustrated and may threaten some form of retaliation. If that happens and you find out about it, act fast. Make sure the threat is never carried out.

Before firing, make sure employee hasn’t made any recent safety complaints

07/15/2010

Minnesota employees who make good-faith reports about safety concerns are protected from retaliation. Before you approve a termination recommendation, make sure the employee hasn’t recently complained about safety issues. If he has, verify that the discharge reasons are genuine. Otherwise, prepare for a retaliation lawsuit.

Just quitting isn’t ‘constructive discharge’

07/13/2010

Some employees have heard through the legal grapevine that if the going gets tough at work, they can just get going. They believe they can up and quit—and then turn around and sue, claiming that they had no choice but to leave because they were suffering retaliation for taking some protected action. This is an example of “constructive discharge.” But conditions have to be pretty onerous before the tactic works.

Thorough investigation is key to defending firing

07/09/2010

If you carefully document wrongdoing, you have very little to fear from a lawsuit—even if you’re wrong. That’s because courts don’t demand perfection from employers—just that they act in good faith.

Use better treatment of class members to counter discrimination lawsuit

07/09/2010

Employees who charge discrimination often have to prove that others outside their protected class were treated more favorably than they were. But what if the employer can show that others belonging to the same protected class got better treatment than the employee who sued? That can often get the case dismissed.

Accommodation denied? Beware retaliation suit

07/08/2010

Employers sometimes forget that merely asking for a reasonable accommodation may be a protected activity. That’s true even if it turns out that the employee isn’t disabled and therefore isn’t due an accommodation. Anything an employer does that could be construed as punishment for requesting help could spell trouble—and a retaliation lawsuit.

After poor-performing worker complains about e-mail, should we follow through on plans to fire?

07/08/2010
Q. Admittedly, this is an odd-ball question. My HR department just received a complaint from an employee about risqué e-mails that some of her co-workers were trading back and forth. Coincidentally, the employee who complained is also slotted for termination because of poor performance and attendance problems. Is there any risk in terminating this employee in light of her recent complaint?

Get all facts straight before deciding to discharge

07/08/2010
Don’t jump the gun when it comes to firing an employee for breaking a rule. For example, if you have an attendance policy that requires termination after a certain number of absences, be sure the employee actually missed all those days.

When employee complains about discrimination, be alert for signs bosses are retaliating

07/08/2010
Has an employee complained about a supervisor’s alleged discrimination? If so, carefully review any important employment decisions the supervisor subsequently makes. Be alert for potential retaliation.

Rebellion after dispute resolution? Discipline

07/08/2010

Some employees refuse to accept their employer’s solution to their discrimination complaints. They demand more action. Sometimes those employees begin working against their supervisors, perhaps assuming that any disciplinary action would constitute retaliation. Do you have to cave to their demands?