Retaliation

Not every complaint amounts to protected activity

01/14/2015

It’s illegal to retaliate against employees for engaging in protected activity. But not every complaint qualifies as protected activity. For example, under Title VII, retaliation is only illegal if it relates to a complaint about some form of discrimination covered by that law.

False arrest can be retaliation

01/14/2015

It’s almost always a bad idea to make an example out of a terminated employee.

Whistle-blower wins settlement with railroad

12/24/2014

Fort Worth-based Burlington Northern Santa Fe Railroad has agreed to pay a North Dakota employee $30,000 in back pay to settle an OSHA whistle-blower complaint he filed against the railroad.

Beware firing right after EEOC complaint

12/23/2014

Here’s a warning on discharge timing: If you happen to make the final termination decision right after the employee files an EEOC charge, timing alone may be enough to send the case to trial.

10 mistakes that crush your ability to win a retaliation lawsuit

12/22/2014

When employees complain internally about discrimination or lodge a complaint with an outside agency like the EEOC, they’ve engaged in what’s called “protected activity.” They may not be correct about the discrimination, but if the employer retaliated against an employee for complaining in the first place, they could win a large jury award anyway.

Employee complained in the past? Keep that info from new supervisor

12/05/2014

Here’s an easy way to stop retaliation lawsuits: If an employee has complained in the past about harassment, discrimination or other legal wrongs, make sure that information stays confidential.

Former manager smells blood, files whistle-blower lawsuit

12/05/2014

The former billing manager for Abington Memorial Hospital in Montgomery County, Pennsylvania, has filed a whistle-blower suit against her former employer. She claims she was fired for alleging that the hospital lab mislabeled blood samples to increase the fees it could charge.

Employee testifies in lawsuit: That’s protected activity

11/14/2014

Goodwill Industries will pay $100,000 to settle a long-standing lawsuit for retaliation filed by the EEOC.

Same job, different office: Is that considered retaliation?

11/13/2014

Some employees believe that anything negative that happens after filing a complaint must be retaliation. Not true.

Put an immediate stop to co-worker harassment over FMLA use

11/05/2014

Some supervisors and co-workers who don’t have children may resent having to pick up the perceived slack while the new mom or dad is home with their bundle of joy. The same may be true if other employees view someone’s FMLA use as frivolous or unnecessary. When co-workers or supervisors ridicule other employees for using FMLA leave, that may be retaliation.