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Retaliation

Fresno laser clinic sees light on harassment

10/25/2011

Employers don’t just have to protect employees from harassment by co-workers and supervisors. They’re also responsible for keeping employees safe from others they must interact with on the job. American Laser Centers, the largest laser hair removal company in the U.S., found that out the hard way.

HR ethics on trial: Whose side are you on?

10/24/2011

Sometimes, HR pros go to bat for em­­ployees when they think the company is overstepping its legal bounda­ries or generally not doing “the right thing” for the worker. But what happens when HR sticks its neck out and, in turn, gets it chopped off?

Be alert for retaliation suit if manager reports that a colleague discriminates or harasses

10/18/2011

It’s protected activity if a manager reports to HR that another manager has been treating subordinates who belong to a protected class more harshly than other subordinates. Punishing the reporting manager for doing so could be retaliation.

Take control of your internal complaint process

10/18/2011
Employees can’t be punished for reporting alleged discrimination. That would be retaliation. But with­­in reasonable limits, managers have the right to tell employees how to report alleged discrimination.

Be patient and scrupulously fair when dealing with litigious employee who has complained

10/12/2011

Employers will win in the long run if they exercise restraint and use patience when dealing with an employee who clearly is looking for a lawsuit. It will take work.

Document rationale for termination even if you decide not to tell employee

10/07/2011

It’s true that at-will employees can be fired for any reason or no reason at all, as long as that reason isn’t discriminatory. Many employers therefore conclude that they don’t have to tell an employee why he’s being let go. But some even conclude they don’t have to document the reason, either. That can be a big mistake.

Document your consistently fair practices

10/06/2011

Much as you would like to, you can’t control every statement that comes out of supervisors’ mouths. Someday, someone somewhere within your organization will utter an ethnic comment or slur. That doesn’t have to become the basis for a successful lawsuit—as long as you have a track record of treating all employees fairly.

Even stupid remark won’t sink legitimate discharge case

10/03/2011
Supervisors sometimes say incredibly dumb things. But those remarks won’t necessarily create liability—if you have carefully documented employee performance.

Cut retaliation liability risk by taking action on all harassment complaints

10/03/2011

All too often, sexual harassment involving just two people de­­volves into a he said/she said stand-off. But if the alleged harassment occurs at work, you must act to stop it or you’ll risk liability. Fortunately, you don’t have to be absolutely right about what happened.

Employee complaining about bias? Always investigate before imposing any discipline

10/03/2011

Don’t let down your guard just because an employee’s discrimination complaint lacks merit. He could still have a legitimate retaliation claim. Simply put, if a supervisor punishes an employee after he complains about discrimination, you can still be found liable even if there was no discrimination in the first place.