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Retaliation

Complaint + sudden criticism = retaliation

09/01/2012

Juries like simple cases. If an em­­ployee complains about discrimination and management does nothing, that’s one thing. But if suddenly the employee is criticized, placed on a performance improvement plan and then fired, jurors may see retaliation.

Forsyth sheriff defends firing in motorcycle raffle kerfuffle

08/28/2012
Forsyth County Sheriff Bill Schatz­­man has denied any wrongdoing in the firing of Sgt. Michael T. Russell, an Iraq War veteran. Schatzman claims he fired Russell for “disloyalty.” Russell calls it retaliation.

Sexual harassment within HR demands alternative reporting system

08/28/2012
No department is immune from sexual harassment—not even HR. And when someone in HR is implicated, that’s a big problem.

Specifics matter when workers allege discrimination

08/21/2012

Employees who complain to their employers about discrimination are usually protected from retaliation. But they must at least mention the sort of discrimination at issue. Simply protesting that an evaluation wasn’t fair won’t do the trick.

Court: Employee must tie claims to protected status to win hostile environment case

08/21/2012
Some employees think that any unfair treatment is grounds for a lawsuit under either federal law or California’s Fair Employment and Housing Act (FEHA). Fortunately for em­­ployers, mundane workplace gripes aren’t enough to support a lawsuit.

Win lawsuits the easy way: Always document discipline

08/14/2012
Smart employers have policies that require supervisors to document all discipline. That documentation can come in handy if a discharged employee decides to sue. The fact is, employers usually win lawsuits if they show they had a legitimate reason for an employment decision.

Remind bosses: The wrong choice of words can bolster an employee’s retaliation lawsuit

08/14/2012
Ill-chosen words can haunt incautious supervisors. Example: Using the term “slacker” to describe someone who misses lots of work. Here’s why: Disparaging comments may be proof that the employer retaliated against an employee for taking too much leave.

New hire requests FMLA? Beware retaliation

08/14/2012
Is it protected activity that can’t be punished if an employee who is not yet eligible asks to take FMLA leave? Put another way, can an employer fire an employee who requests FMLA leave before the employee is actually eligible? A federal court has said, “No!” That’s illegal retaliation.

OK to fire employee who complained, if you have rock-solid discharge reasons

08/13/2012

Some employees assume that complaining about harassment or discrimination will protect them from being disciplined. They may have heard or read that the fear of a retaliation lawsuit will make employers so gun-shy that they won’t crack down on misbehavior. Don’t let employees handcuff you like that.

OK to terminate, even after FMLA leave request

08/07/2012
If you were going to terminate an employee before you learned she wanted FMLA leave, you still can. Just be sure you can document when and why the termination decision was made.