Retaliation

Drug testing still legal under new OSHA reporting rule

11/01/2016

A controversial new OSHA rule cracking down on retaliation against safety whistleblowers doesn’t ban employee drug testing.

Prepare to prove firing wasn’t retaliation

10/12/2016

If an employee complained about a supervisor’s actions, make sure the supervisor can’t manipulate the disciplinary process to punish the worker.

EEOC doesn’t dig NYC excavation firm’s harassment

10/12/2016

The EEOC has sued the Laquila Group alleging it tolerated racial harassment of black employees and retaliated against at least one who complained.

Prepare to explain budget reason for job cuts

09/29/2016

If an employee alleges she lost her job during a reduction in force because of discrimination or retaliation, counter that claim by showing there were real economic reasons for letting her go.

Death threat? Yeah, that’s reason to quit

09/26/2016

It goes without saying that you can’t tolerate a supervisor who threatens to kill a subordinate. It’s not good enough to suspend him without pay and then let him come back after a lengthy leave.

Retaliation? Not if you can prove you would have fired anyone else

09/22/2016

Don’t despair if you need to fire the worker for reasons unrelated to her EEOC complaint.

Firing OK for cheating discovered during FMLA

09/15/2016

Employees who take FMLA leave are entitled to return to their old jobs or equivalent ones. But what if you learn during an employee’s time out on FMLA leave that she wasn’t everything you believed her to be?

Rudeness doesn’t always equal hostile environment

09/14/2016

Just because co-workers can be rude doesn’t mean the target of mean comments has a hostile work environment claim — especially when the comments are ambiguous, subject to interpretation and didn’t occur repeatedly.

Disabled employee’s accommodations a hassle?

09/07/2016

Don’t let annoyance over disability accommodations turn into retaliatory harassment.

Statements to licensing board aren’t retaliation

09/06/2016

Public employees who speak out about matters of public importance are protected from retaliation. But retaliation doesn’t include an employer’s complaint about the employee to a licensing board.