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Retaliation

U.S. Supreme Court rules: Prepare for more retaliation claims

03/03/2009

On Jan. 26, the U.S. Supreme Court once again expanded the ability of employees to sue for retaliation. The court held that an employee who answers a question about a fellow employee’s improper conduct during an internal sexual harassment investigation is engaging in “protected activity” under Title VII of the Civil Rights Act.

Making false sexual harassment complaints

03/03/2009

Q. May an employer include language in its sexual harassment policy imposing discipline on employees who bring false claims of harassment?

Know what constitutes insubordination

02/26/2009

Employees who oppose their employer’s illegal or discriminatory conduct are protected from retaliation. But that doesn’t mean such employees have the right to be insubordinate, rude and nasty. There’s a fine line between voicing opposition to a practice and challenging superiors in an insolent way.

Offer legit ‘fresh-start’ transfer without fear of being punished for retaliation

02/26/2009

Sometimes, an employee isn’t a good fit for a particular job assignment and becomes frustrated that things aren’t working out. Employers that transfer such an employee with the genuine intent to give her a fresh start in another department probably won’t run into legal hot water.

Beware firing after worker warns about safety

02/24/2009

Former employees and their lawyers are always looking for ways to maximize what they can get from former employers. One way is to add a wrongful discharge claim if an employee is fired after he or she complains about workplace safety. These cases can get quite expensive, as the following case shows.

Cal State Fresno settles coach’s bias claim for $5.2 million

02/24/2009

California State University Fresno has settled a suit brought by a female former volleyball coach who accused the school of sex discrimination. The settlement was reached 18 months after a California Superior Court jury returned a $5.85 million verdict in the favor of Lindy Vivas …

Retaliation ruling could cost Contra Costa County $1 million

02/24/2009

A government employee has won a jury trial against Contra Costa County, and the verdict may cost the county more than $1 million.

Remind management: Don’t consider temporary medical problems when making layoff decisions

02/24/2009

When planning a reduction in force, it’s natural to decide who should stay and who should go by ranking employees based on the skills you’ll need after downsizing. Before managers start ranking employees, make sure they understand not to use temporary medical problems and their consequences as a reason for deciding to terminate an employee.

Don’t sweat EEOC complaint after discipline if you can prove process was fair

02/24/2009

It’s a fact that employees who think they are in trouble will look for ways to avoid termination—or profit from it. So it should come as no surprise if an employee files an EEOC discrimination complaint after you discipline him and warn that he may soon be terminated.

Do you use an arbitration clause? Make sure you can prove employees agreed

02/24/2009

Employers that use arbitration clauses can often get lawsuits sent to an arbitrator for faster and less expensive resolution—but only if they are prepared to prove that their employees agreed to arbitration.