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Retaliation

What can I do about an employee who files a workers’ compensation claim?

10/06/2017
Q. May I terminate an employee for filing a workers’ compensation claim?

Prepare to counter retaliation claim after child abuse report

10/06/2017
Under Texas law, employees who report alleged child abuse are protected from retaliation for doing so. Being discharged within 60 days after such a report creates a rebuttable presumption that retaliation occurred. Be prepared to rebut that presumption if you decide to terminate the employee within that time frame.

Stress lawsuit OK’d even after workers’ comp

10/03/2017
The workers’ compensation system is supposed to make it easy for employees who are injured at work to get benefits. They don’t have to sue: If they can prove they were hurt at work, they receive benefits.

When workers’ comp, illegal status collide

09/26/2017
Federal law requires employers to verify that employees are eligible to work in the United States. It’s unlawful to knowingly hire anyone without authorization. But what happens if an employee’s ineligibility is only discovered in the course of investigating a workers’ compensation claim?

Court: Nursing mom entitled to light duty

09/21/2017
In an important case that could carve out new rights for new mothers, the 11th Circuit Court of Appeals has ruled that employees returning to work after giving birth may be entitled to light-duty work to accommodate the need to express breast milk for their babies.

DOL visiting? Don’t bar employee who complained

09/07/2017
When the Department of Labor or another governmental agency says it is sending an investigator to the workplace, there’s a right way and a wrong way to respond. The wrong way: Removing the employee whose complaint you suspect spurred the authorities to visit.

Former Austin cop seeks $1 million for retaliation

08/30/2017
A former firearms instructor for the Austin Police Department has filed a retaliation lawsuit claiming the department retaliated against him for filing an EEOC discrimination complaint.

HR has a duty to call out discrimination–which is why it’s protected speech

08/30/2017
HR professionals have protection against being fired for voicing legitimate concerns about discrimination and for refusing to engage in activities they believe may be discriminatory.

Beware discipline right after employee files lawsuit

08/30/2017
If an employee sues her employer and suddenly faces increased scrutiny, she may argue that she’s being retaliated against. She would have an even stronger case if the employer was singling her out for extra scrutiny.

Warn against mocking sexual orientation

08/30/2017
Regardless of sexual orientation’s uncertain protected status, it is well-settled that mocking someone’s nonconformity to society’s gender stereotypes is sex discrimination.