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Retaliation

Caution: ‘Going by the book’ may be retaliation

01/01/2008

When an employee everyone considered loyal suddenly starts complaining to a regulatory agency about alleged workplace violations, it’s natural to be upset. But resist the temptation to send the employee a message by suddenly enforcing the work rules zealously …

Note to supervisors: No comments about religion and work

01/01/2008

It may seem obvious, but it bears repeating: Tell supervisors and managers to avoid discussing religion if at all possible. And never, ever use blunt terms to make an employee choose between her religion and her job. Instead, focus any discussion of religious accommodations on the company’s legitimate needs …

Handle terminations with dignity, due deliberation

01/01/2008

Nothing will fuel a lawsuit more than management’s poor behavior. While discharging an employee for any reason is stressful for everyone involved, there is a right and a wrong way to do it. The wrong way is to get emotional, to shout and unceremoniously throw the employee off the premises …

Any negative comments about work injury may lead to lawsuit

01/01/2008

It’s frustrating when an employee you don’t think is seriously injured files a workers’ compensation claim, especially months after the alleged injury. However, you must resist the temptation to react negatively—for example, by bad-mouthing the employee …

No thanks on the wife, I’d rather have my job

01/01/2008

Harman Corporation, a vinyl supplier based in Rochester, hired Jeff Cole to work in its print shop in 1993. He later transferred to production and, finally, to maintenance. In 2005, one of Cole’s supervisors, Randy Fox, showed Cole nude pictures of Fox’s wife …

Does Georgia’s whistle-Blower law apply to private employers?

01/01/2008

Q. I’ve read a lot recently about a new whistle-blower law that went into effect this year. What requirements does it impose on companies doing business in Georgia? — B.N. …

Odd applicant makes pre-Hire complaints? Proceed as usual

01/01/2008

Some applicants clearly have chips on their shoulders. Some go as far as to proclaim they think they are being discriminated against before they even have a chance to turn down job offers. As the following case shows, applicants can’t create retaliation cases simply by letting you know they think you are about to discriminate against them …

Whistle-Blower alert: Don’t warn against reporting alleged wrongdoing

01/01/2008

What’s one of the quickest ways to a California Labor Code whistle-blower lawsuit? Discourage an employee from reporting to the government or law enforcement what she sees as possible illegal activity. If disciplinary action against a formerly good employee closely follows your discouraging words—watch out! Litigation won’t be far behind …

Warn managers: Don’t promise a rehire call

01/01/2008

Tell supervisors to avoid the encouraging words, “If we have an opening, we’ll give you a call.” They’re well-intentioned but legally dangerous. Tell departing employees you’ll consider them for any openings they’re qualified for if they apply. Then explain how you post job openings and leave the ball in their court …

Independent investigation doesn’t have to be perfect

01/01/2008

If you receive a discrimination complaint, conduct a prompt and thorough investigation. Then have an independent party decide on any discipline. If the investigation was independent and the decision-maker was not the same person who allegedly discriminated against the employee, it won’t matter if the decision-maker was wrong—just that he or she believed the reason was genuine …