Retaliation

Welcome aboard! Never mind! Document why you rescinded job offer

02/13/2019

Employers that tell an applicant she’s hired and then yank the offer should be prepared to give a legitimate, business-related reason. Carefully document the reason in case the applicant later sues.

Remind staff: Contractors aren’t employees

02/13/2019

The more control you exert, the more likely your organization will be on the hook as the employer in any lawsuit.

Track requests to show: It was his idea!

02/12/2019

When an employee asks for a transfer or some other change to his working conditions, be sure you track the request. That way, if he later alleges coercion, discrimination or retaliation, you can show it was all his idea in the first place.

RICO doesn’t cover employment law violations

01/31/2019

An employer has won a case that could have greatly complicated employment law litigation. A federal court has refused to allow a Racketeer Influenced and Corrupt Organizations Act claim against an employer for using phones and the internet to discuss terminating an employee.

Prepare to show you would have disciplined even if employee wasn’t a whistleblower

01/22/2019

Sometimes, an employee may decide to take revenge if she perceives she has been unfairly disciplined. If she does so by becoming a whistleblower, she may believe that protects her from eventual termination. That’s not true if the employer can persuade a court it would have disciplined or fired her whether she reported alleged wrongdoing or not.

Fair treatment is your best defense against bias claims

01/11/2019

Your best defense to any employment lawsuit is to be able to show that you always treat everyone fairly. You will be able to sleep well at night knowing it will be hard to prove you were liable for discrimination or retaliation.

Take care when disciplining whistleblowers

01/10/2019

An employer must show it would have taken the same action against an employee even if he had not blown the whistle.

Sometimes, delayed firing won’t stop retaliation claim

01/07/2019

Generally, when a worker claims he was fired for engaging in protected activity, the sooner after the protected activity the discharge occurred, the more likely a court will find that the firing was retaliation. But waiting to terminate doesn’t help if you still reference an earlier event.

Court hearing federal whistleblower case upholds broad arbitration agreement

01/04/2019

A federal court in Texas has upheld a broad arbitration clause, concluding it applies to all claims related to employment.

8th Circuit refuses to entertain sweeping expansion of religious discrimination claims

01/02/2019

The EEOC has argued that merely requesting a religiously based reasonable accommodation is protected activity and that any adverse employment action that follows may be retaliation for making the request. But the 8th Circuit declined the invitation.