Retaliation

OSHA protects accounting whistle-blowers

09/09/2015

Under the Sarbanes-Oxley Act of 2002, commonly known as SOX, employees who report alleged accounting irregularities internally and to OSHA are protected from retaliation if their employer punishes the activity. Making simple statements that aren’t very specific can be enough to meet the employee’s reporting requirement under the law. It’s enough that the employee reasonably believes that he is reporting wrongdoing. He doesn’t have to know the details, just that it probably violates the law.

Don’t let pettiness fuel years of litigation

09/09/2015

Here’s an important lesson to impart to supervisors and managers: Petty fights and anger over perceived injustices that lead to resignations or termination may spur multiyear litigation and cost hundreds of thousands in legal fees, lost time and damage awards.

Don’t fire EAP counselor for backing worker

09/01/2015

Most employers outsource employee assistance plans, which offer confidential counseling to help workers deal with personal problems, work-related stress and other concerns. But some organizations handle EAP services in-house. That can cause a potential conflict of interest if an EAP counselor’s advice creates liability for the employer or calls into question its actions.

NLRB says retailer’s ‘no pay talk’ rule violated NLRA

08/19/2015

The National Labor Relations Board has ruled against Love Culture, purveyor of teen clothing, after it fired an employee from its St. Louis Park, Minn. store for discussing pay.

Al-Jazeera America hit with $15M retaliation suit

08/13/2015

A former supervisor at Al-Jazeera America is suing the cable news network—owned by the government of Qatar—claiming he was fired for raising concerns about a senior vice president’s “overt misogynistic behavior.”

Coach wins $4M verdict after being fired for reporting hazing

07/17/2015

When the high school football coach at St. Patrick-St. Vincent High School in Vallejo, California learned that some of his players were hazing underclassmen, he reported it to his superiors. The high school investigated and expelled five students. It also fired the coach who reported the hazing. He sued the Catholic Diocese of Sacramento for retaliation.

Broad arb clause can cover bias, retaliation, too

07/17/2015

A federal court considering whether a broad arbitration clause included in an employment contract bars discrimination and retaliation claims has concluded it does. That’s good news if you use employment contracts and want to push any subsequent employment-related claims into arbitration.

Boss at unemployment hearing? That’s not retaliation

07/13/2015

Generally, employees can’t sue their employers because of a personality conflict with a supervisor. Nor can they allege that it’s a form of retaliation for a disliked supervisor to show up in court in order to “torment” the employee.

Whistle-blowers need good faith, not proof

07/13/2015

When a New York City employee purports to report wrongdoing on the part of the city government, all that’s required is a good-faith belief that the alleged conduct constituted an “improper governmental action.” It’s illegal to retaliate against an employee who makes such a report.

Of gangs, G-Men and a dogged cop: Careful discipline prevails in court

07/09/2015

Employers that take their time to discipline troublesome employees who refuse to follow the rules often make out well if that employee later sues. That’s because they will have clear and unambiguous evidence that the employee deserved the discipline—not because he was a troublemaker, but because he couldn’t follow the rules others did.