Retaliation

6-year deadline to file whistleblower suit

02/12/2016

The Minnesota Supreme Court has ruled that a whistleblower who reports alleged violations of the law has a full six years to file a lawsuit. The more common two-year limitation does not apply.

New EEOC guidance would redefine retaliation

02/11/2016

The EEOC has issued a proposed revision to its guidance on workplace retaliation—the first since 1998—that could radically change how enforcement authorities and courts define retaliation and its causes.

Pennsylvania Whistleblower Act requires verdict from judge, not jury

01/29/2016

Here’s a bit of good news that may prevent a big jury verdict: An employment-related whistleblower claim must be heard and decided by a judge, not a jury.

Don’t punish employee for deposition testimony

01/15/2016

If you decide to punish an employee for testifying against you in a legal deposition, be prepared for even more litigation.

Speaking out in course of government job isn’t protected

01/07/2016

Government employees have limited First Amendment rights when speaking out. But the right doesn’t apply if the public employee is merely doing his or her job.

Do the right thing, still get sued

01/04/2016

Here’s a reminder that even doing the right thing can mean a lawsuit.

Resignation announced, then a change of heart: Can refusing to allow return be retaliation?

01/04/2016

Here’s a rather novel question being answered for the first time in the 5th Circuit, which has jurisdiction over Texas employers. Can the refusal to accept a request to rescind a resignation ever be an adverse employment action and retaliation for engaging in protected activity?

Internal complaint not enough: Whistle-blowers must file report with police

12/31/2015

Texas government employees who blow the whistle on their employers are protected from retaliation. But it takes more than just voicing an internal complaint or even cooperating in an audit to make a claim of whistle-blower retaliation stick.

How to change your work rules without courting a lawsuit

12/16/2015

It’s management’s prerogative to change workplace policies and rules. Courts don’t like to second-guess employers for managing their businesses as best they see fit. But how (and how consistently) you change those rules can make a big difference in your exposure to legal liability.

When can an employee’s transfer be considered illegal retaliation?

12/07/2015

To bring a case of retaliation for complaining about discrimination or harassment, employees must show that they suffered some sort of “adverse employment action” in response to their complaint. That’s easy if the employee is demoted, fired or transferred to a less desirable position. But what if the worker experiences more subtle retaliation, like having to do more work or being transferred to a potentially better position that doesn’t pan out?