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Retaliation

Know the law: Protected activity is essential before employee can claim retaliation

11/03/2014
Some employees complain all the time and don’t get along with their bosses and co-workers. But if their complaints aren’t specific and don’t raise at least potential discrimination based on race, age, sex or some other protected characteristic, their complaints aren’t so-called “protected activity.” Therefore, they can’t be the basis for later retaliation claims.

Government employers: Slipshod investigation can sink defense in cases involving free speech

11/03/2014
Here’s a warning for public em­­ployers that want to discharge an employee for allegedly speaking out inappropriately: Make sure you conduct a thorough investigation that at least allows the employee a chance to defend his actions before you terminate him.

Whistle-blower or revealer of trade secrets?

10/31/2014
A former attorney for the Vanguard Group in Malvern is suing the investment firm, claiming he was fired for refusing to go along with an illegal tax scheme.

Firing whistle-blower? Prepare for court

10/31/2014

Generally, Pennsylvania employees who aren’t union members or don’t have a written employment agreement are at-will employees who can be fired for any reason or no reason at all. There’s one major exception: Employers can’t fire at-will employees because of their protected characteristics. But there is a second exception gaining prominence in court cases.

Avoid appearance of retaliation against whistle-blowers

10/30/2014
To constitute whistle-blowing, employees must do more than merely state that they are going to complain about the employer’s actions. They must actually do so. Whistle-blowers don’t have to demonstrate an actual violation of the law as long as they have a reasonable, good-faith belief that a violation of the law has occurred or might.

Appeals court: Employee doesn’t have to be first whistle-blower to be protected

10/27/2014

Public employees are protected from retaliation for reporting wrongdoing at work, either within their chain of command or to appropriate authorities. But what if several employees report the same alleged wrongdoing?

In Minnesota, encourage internal complaint process to protect against whistle-blower lawsuits

10/14/2014

Minnesota employees who believe they were punished for refusing to engage in illegal activities can sue under two distinct but related laws. First, they may have a claim under Minnesota’s Whistleblower Act. Second, they can sue under the state common law for wrongful discharge. Each law has a different standard.

Note time, circumstances of firing decision

10/14/2014

Employees may begin suspecting that their job is in danger before management has a chance to implement a discharge decision. That’s when you can expect them to complain about harassment or discrimination. Or, in Minnesota, they may request a copy of their personnel file to see what’s in it and prepare for a potential lawsuit. Beat that strategy by carefully documenting the discharge process.

Minnesota High Court’s double-trouble decision

10/14/2014
Here’s some disturbing news, courtesy of the Minnesota Supreme Court: When a supervisor threatens an employee with punishment or discharge for filing a workers’ compensation claim, that threat alone is grounds for a lawsuit.

Court: Bullying alone isn’t grounds for lawsuit

10/08/2014
A former employee has tried to advance a new legal theory by suing over alleged workplace bullying. His efforts failed and employers won’t have to worry about another new lawsuit flood.