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Retaliation

Demanding coffee may be gauche, but it’s not harassment

07/01/2008
In a case that illustrates just how sensitive some employees are to perceived sexual stereotypes, a woman hired to work as a receptionist tried to claim that refusing to serve her male bosses coffee was tantamount to engaging in protected activity. Then she alleged retaliation …

Terminations: 6 steps to ensure firing won’t backfire

07/01/2008
In most states, workers are employed on an “at will” basis, meaning they can leave the company at any time. Conversely, employers typically retain the right to terminate workers at any time for any legal, nondiscriminatory reason. Courts continue to chip away at the at-will doctrine, providing less flexibility to employers. This has led to an increase in wrongful discharge lawsuits …

Demanding coffee may be gauche, but is it harassment?

07/01/2008
Maybe she was a bit of a drip, but one employee got in such a froth about her bosses’ demands for coffee service that she sued. Did she really have grounds to bring a harassment and retaliation lawsuit? Did her employer wind up in hot water?

HR Specialist Editors Bring You the Best from SHRM Chicago

06/24/2008
For a week each year, the Society for Human Resource Management’s Annual Conference becomes the center of the HR world. HR Specialist editors have joined 13,000 of our peers in Chicago this week for four days of professional development covering HR’s hottest topics and presented by the profession’s  leading experts. Here’s some of the best from the world’s biggest HR conference.

Don’t let tardiness influence FMLA leave

06/17/2008
Ann Weichman, an account underwriter at Chubb, was a pain to supervise because she was so frequently late for work. Then, a few days after Weichman took FMLA leave, she was late for nonmedical reasons. The company had had enough and fired her. She sued for retaliation and interference with her FMLA rights …

Employee filed for workers’ comp? Careful with layoff

06/12/2008
If your organization plans to lay off employees, make sure you don’t target anyone for a furlough because of a workers’ comp claim or prior injury. That’s why it’s a good idea for someone in HR to audit the layoff list for any apparent retaliation …

Take steps to reduce your liability for co-Worker retaliation

06/12/2008
The United States 6th Circuit Court of Appeals has joined a growing number of federal courts holding that employers are liable for co-worker retaliation. The decision, in Hawkins, et al., v. Anheuser-Busch, increases employers’ liability when an employee retaliates after another worker has complained about improper conduct …

Did serial harasser fare better than the victim at DHS?

06/11/2008
Jacqueline Smith worked as a server in the Illinois Department of Human Services (DHS) John J. Madden Mental Health Center from 2000 to 2004. In September 2003, a co-worker, Eddie Spivey, allegedly called Smith a sexually explicit name while their supervisor, Bella Ynares, was present …

Is that harassment—Or just a personality clash?

06/10/2008
When an employee complains about alleged discrimination or harassment by a supervisor, take a careful look at what each person says is happening. As the following case shows, sometimes just a poor working relationship—not discrimination—is the source of the problem …

Even workers unharmed by discrimination still could sue

06/06/2008
The floodgates of association discrimination lawsuits are slowly opening. Although the following case ultimately was dismissed because the employee couldn’t show he was harmed or that the company engaged in discriminatory hiring practices, it serves as a powerful reminder that lawsuits can come from just about any employee …