Retaliation

FMLA mentioned? Beware inadvertent retaliation

05/30/2012

After an employee tells you he needs FMLA leave, don’t let that information affect your decision-making about promotions or transfers. That could trigger a lawsuit.

Workers’ comp claim? Resist urge to retaliate!

05/25/2012

The North Carolina Retaliatory Employment Discrimination Act outlaws discharging employees for filing workers’ compensation claims. It’s a protected activity. Equally illegal: Jumping the gun by firing employees before they actually fill out the workers’ compensation paperwork.

Jury: He’s no whistle-blower, just an abusive manager

05/24/2012

The Pennsylvania Department of Environmental Protection said it fired Steve Barto from his job as an environmental group manager because he intimidated employees, used racial slurs and behaved erratically. When Barto sued the DEP for allegedly violating his civil rights, he painted a different picture.

Worker loses lawsuit? Track new opportunities

05/18/2012

Many an employee has filed a lawsuit, lost … and found herself still working for the company she sued. Little wonder that she might sense retaliation in every subsequent action that hurts her career. Prepare for that possibility by making it a point to document how her supervisors treat her after her case runs its course.

Don’t fall into the retaliation trap: Handle ‘toxic’ worker’s complaint with care

05/10/2012

Some employees are nothing but trouble. They complain constantly, and even gripes that might have some merit are often exaggerated. However, you must think twice before you summarily terminate such an employee. Reason: You could be falling straight into a retaliation trap. Treat such toxic workers with care.

Document business reasons for job decisions

05/09/2012

Courts seldom second-guess employers for making tough economic decisions, as long as it’s obvious those decisions were made honestly and not as a cover for discrimination. Make that clear by documenting the decisions at the time you make them.

Alleged retaliation draws lawsuit for Dollar General

05/04/2012

Retail giant Dollar General faces a retaliation suit after it fired two workers from its store in Marion.

Once intermittent FMLA leave expires, reset eligibility clock and demand recertification

05/03/2012

Employees who want to take additional intermittent leave under the FMLA must comply when their employer asks for recertification.

Never silence a harassment case by urging complainer to resign

05/02/2012

Sexual harassment victims deserve to have their claims investigated, not ignored. Under no circumstances should you encourage a complaining employee to quit instead of having to endure continued harassment. That’s a sure indication to many juries that the worker was punished for reporting sexual harassment.

Beware justifying hiring or promotion with criteria that don’t appear in job description

04/30/2012

Here’s a reminder to pass on to everyone involved in the hiring or promotion process: You’re running a huge risk if you deviate from the job announcement’s minimum and preferred qualifications.