Retaliation

Lawsuit: TDCJ demotion wasn’t just due to faulty time sheets

07/03/2012

The former director of public information at the Texas Department of Criminal Justice (TDCJ) is suing the agency after she was demoted and subsequently resigned. She says her demotion was retaliation for blowing the whistle on internal violations of state law and policy.

Employees’ job qualifications changing? Document notice and offer additional training

07/03/2012

Jobs change, sometimes for reasons of operational efficiency. Other times, new job requirements are mandated by outside authorities, something that’s common in the education and health care industries. Either way, be sure to give staff members as much notice as possible so they can seek additional training or look for other opportunities.

Top management wants to ax ‘troublemaker’? Beware wrongful termination retaliation

07/01/2012

There are some things employers just can’t do, no matter what a senior manager may want. For example, you can’t punish a good employee for pointing out potential legal violations.

Warn bosses: Don’t discuss bias complaints

06/28/2012

When employees face discipline (or fear they might be punished soon), they’ll often file a preemptive EEOC complaint. Then, when discipline comes down, they argue that it was in retaliation for complaining. To make such a case, an employee must show that the people involved in the discipline knew about the complaint. If they didn’t, there can be no retaliation.

Public employer? Beware retaliation against employee who testifies in civil rights case

06/20/2012

Ordinarily, civil servants have qualified immunity for actions arising from their official duties as government workers. But punishing a subordinate for testifying in a civil rights lawsuit clearly destroys that immunity.

Remember, ‘persons’ can report FEHA violations–even if they’re partners in the business

06/20/2012

The Court of Appeal of California has ruled for the first time that a partner who reports sexual harassment is protected from retaliation under the Fair Employment and Housing Act (FEHA).

Former employee who sued applies for new job? Take extra care about who does the hiring

06/18/2012

Sometimes, employers settle an employee lawsuit and expect that to be the end of the matter. But unless the settlement includes an agreement not to apply for any new job openings, the former employee may do just that. And if he’s not hired, he may allege retaliation for prior litigation.

ADA alert: Define essential job functions before anyone requests reasonable accommodations

06/18/2012

Unless you’re willing to risk losing an ADA reasonable accommodations lawsuit, don’t wait to define the essential functions of your employees’ jobs.

Discipline hothead who won’t accept decision

06/15/2012

Smart employers try to fix discrimination and harassment problems right away. But sometimes the complaining employee wants more than the employer is willing to give and simply gets angry. If anger turns into insubordination, you can discipline without fear of losing a lawsuit.

OSHA seeks reinstatement of art school whistle-blower

06/11/2012

OSHA is suing the Manatee School for the Arts in Palmetto after it fired an employee who complained to the feds about safety concerns.