• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Retaliation

Altering employee’s schedule? Be sure to document your reasons for making the change

07/25/2011
There are plenty of good reasons why you might have to change an employee’s schedule. Don’t get sloppy about how you implement the change. Make sure you document exactly why you are rejiggering the usual schedule.

Proceed with layoff if employee you planned to cut suddenly complains about discrimination

07/25/2011

When employees hear rumors that business is down, they often worry that jobs will be cut. One trick they sometimes use is to rattle a few chains and start complaining about discrimination. Don’t let that interfere with plans already in place for a layoff or other workplace changes that you know aren’t related to discrimination. Just make sure you have adequate documentation to explain when the layoff decision was made and why.

Not everything workers post online is protected

07/25/2011

No doubt you have heard about the Facebook posting cases in which employers have been sued for punishing employees for their social net­work­­­ing activities. Some decisions make it seem like employees can post anything they want. Fortunately, that’s not true.

Discipline after testimony can be retaliation

07/22/2011
Reacting angrily to employee litigation can backfire. Filing a lawsuit is a protected activity, and sudden discipline following legal action is dangerous.

Check reviews: Has employee ever complained?

07/22/2011

As an HR pro, you probably have to review all employee evaluations as well as records of employee complaints. Keep close tabs on both. Why is that important? Because even an all-star employee can let her performance slip or do something that breaks company rules.

Employee feels slighted by promotion process? That’s not enough to win retaliation lawsuit

07/13/2011

Some employees believe that anything the least bit negative that happens to them after they file a lawsuit is grounds for a second lawsuit alleging retaliation. That’s not true. To constitute retaliation, an employer has to do something that would dissuade a reasonable employee from filing a lawsuit in the first place.

Appeals court: No second chance to appeal lower court’s decision on retaliation damages

07/13/2011
An employee who won a discrimination case after he filed an appeal has lost his second appeal. He had claimed it wasn’t enough that a lower court had ordered almost one million dollars in back pay. He said he should have been promoted, too.

Beware denying ‘vacation’ request in disguise

07/13/2011

If there’s no use-it-or-lose-it policy in place, employees can easily stockpile weeks of vacation or personal leave. Should they become ill, they may try to use that time as a substitute for FMLA leave. If an employee asks you to approve an especially long vacation, and you suspect the underlying reason may be a covered condition under the FMLA, beware automatically rejecting the request.

Do oral complaints carry the same weight as written complaints in retaliation cases?

07/13/2011
Q. We have an employee who has made several complaints about his wages while talking to his manager during informal meetings. Are these oral complaints sufficient to trigger the Fair Labor Standards Act (FLSA) anti-retaliation provision?

Follow up regularly after bias complaint

07/06/2011

There’s no set standard for the amount of time that must pass between a discrimination complaint and an adverse employment action for it to qualify as retaliation. In fact, federal judges hearing retaliation claims have wide discretion in determining whether something may be retaliation based on timing alone. To be safe, periodically follow up with employees who have complained about bias.