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Retaliation

Settling case? Consider ‘no rehire’ clause

06/05/2009

The main reason to settle a case is to make the whole thing go away. But when you settle with a former employee, consider the possibility that she may apply for open positions in the future. If you want to avoid a second round of litigation, consider including a “no rehire” clause in the settlement agreement.

Beware vengeful boss’s shadowy retaliation

06/01/2009

Even if someone else in the management hierarchy actually terminates an employee, a supervisor who’s seemingly had it in for the employee can still cause a world of legal headaches for the employer. This is the so-called “cat’s paw” legal theory, which holds that employers are liable if they approve a recommendation that is based on illegal motives such as retaliation.

Fire employee who has filed complaint … if you’re prepared to address retaliation

06/01/2009

Employers often get into trouble when they punish someone who has filed an internal harassment or discrimination complaint. But that doesn’t mean you shouldn’t discipline employees for legitimate reasons just because they filed an unrelated complaint. The key is being able to show a good reason for your actions.

Law prof sues for retaliation in wake of husband’s own suit

06/01/2009

Law instructor Rosanne Platt has filed an EEOC and Texas Workforce Commission Civil Rights Division lawsuit against her former employer, the St. Mary’s University School of Law. Platt alleges that her contract was not renewed after her husband filed a lawsuit against the San Antonio law school.

Firing after FMLA leave: How soon is ‘too soon’?

05/27/2009

An employer fired a worker just six weeks after she returned from FMLA leave. Six weeks is like a nanosecond on the retaliation stopwatch. But the court still dismissed the case. Why?

Beware individual liability under FMLA and CEPA

05/27/2009

Here’s another reason for managers and supervisors to pay attention during FMLA and Conscientious Employee Protection Act (CEPA) training. If they make a mistake, they may be personally liable under both laws.

A deal’s a deal: Good settlements prevent subsequent litigation

05/27/2009

Relatively few lawsuits—including discrimination and employment-related cases—are actually tried in a courtroom. In most cases, the parties reach a private settlement. But what happens if the parties reach a settlement and the employer holds up its end of the bargain, only to have the employee have second thoughts and bring another lawsuit?

Train managers: Watch out for language that could be construed as derogatory

05/27/2009

Sometimes, people don’t realize the language they are using may be offensive to members of a protected class. That can happen when a term has been in use for decades or even centuries and has become separated from its original meaning or context. Consider a recent case involving usage of the term “tar baby.”

Can we do anything about an employee who files false harassment claims?

05/27/2009

Q. An employee of ours has filed several sexual harassment complaints. But when we have investigated, they have turned out to be false. Can we do something about her?

Supreme Court nominee Sotomayor brings balanced employment law perspective

05/26/2009

Experts say Judge Sonia Sotomayor, President Obama’s Supreme Court nominee, will bring a pragmatic perspective on employment law to the High Court if she is confirmed. Here’s a rundown of employment law decisions she has rendered from her current seat on the 2nd Circuit Court of Appeals.