Retaliation

Prepare to justify discipline occurring after employee complains about discrimination

07/13/2017

Simply put, a bad review all by itself isn’t usually grounds for a lawsuit in most cases. However, punishing someone with a bad review because they complained about discrimination may land you in legal trouble.

Tell bosses not to gloss over performance deficiencies

07/12/2017

Some supervisors hate including negative feedback in performance reviews of good employees. But nearly everyone has some room for improvement. It’s up to HR to insist on accurate evaluations, including negative feedback when warranted.

Warning! One firing can bring many lawsuits

07/03/2017

Just because you win one of several lawsuits over a termination, that doesn’t mean remaining matters will be automatically dismissed. It may not matter that one judicial decision might support your stated reason for firing the employee.

The law is enough: Handbook doesn’t create extraordinary right to sue for retaliation

06/28/2017

Many state and federal statutes make it unlawful for employers to retaliate against employees who file internal discrimination complaints or otherwise claim that some wrongdoing has occurred. These laws have specific, and limited, remedies.

Not every suspension is retaliation

06/21/2017

HR professionals sometimes warn managers that suspending an employee without pay can backfire—even if it’s for what seem like legitimate reasons. The problem is the potential for a retaliation lawsuit if the employee has previously complained about discrimination.

KKK hoods lead to settlement in Houston retaliation case

06/13/2017

Downhole Technologies in Houston will pay $120,000 to settle charges it retaliated against a black employee after he complained of harassment.

OK to fire if employee is indefinitely unable to work for medical reasons

06/13/2017

An employee who had a long history of filing internal discrimination claims has lost a retaliation lawsuit. She alleged her employer retaliated against her when it terminated her after she missed work for medical reasons, an absence her doctor believed might last indefinitely.

Invest in a timely, thorough investigation, or prepare to pay big damage award

06/12/2017

When employees complain about potential workplace discrimination and harassment, smart employers take it seriously. Nothing short of a thorough investigation will do. If you drop the ball and don’t take quick action, it could wind up costing your organization dearly.

Teach managers: No complaining about FMLA

06/07/2017

Make sure all supervisors understand that they must never criticize employees for taking FMLA leave. For employees who need to care for their own serious health condition or that of a close relative, FMLA leave is a right, not a privilege.

Past discipline record beats retaliation claim

05/17/2017

Here’s another good reason to consistently document all disciplinary actions: If an employee with a history of problems such as rules violations later engages in protected activity, it will be hard for him to show that the discipline was retaliation for engaging in that protected activity.