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Retaliation

Another reason to track everything: Passage of time makes it harder for worker to successfully sue

05/20/2011

It’s possible that a supervisor might wait years to get back at an employee who filed a discrimination complaint. Possible, but unlikely. The more time that passes between an initial complaint and any alleged retaliation, the less likely courts are to entertain a lawsuit.

Complaint: anti-gay slurs, propositions by Jesse Jackson

05/13/2011
A former employee of the Rev. Jesse Jackson Sr.’s Rainbow Push Coalition has filed what Chicago news outlets are calling a “bombshell” complaint with the Chicago Commission on Human Rights, alleging Jackson ridiculed him for being gay, and even asked him for oral sex on at least one occasion.

Beware even the simplest discipline: Court says oral reprimand can be retaliation

05/13/2011

Ordinarily, when an employee receives a reprimand that doesn’t carry negative consequences, courts won’t consider the reprimand an “adverse employment decision.” As a practical matter, that means an employee can’t base a discrimination lawsuit on a simple reprimand. But that doesn’t mean an oral reprimand can’t be retaliation.

Last-minute complaint shouldn’t derail firing

05/13/2011
Employees who know they’re in trouble often look for ways to set up a lawsuit in case they’re fired. They may file some sort of discrimination complaint right before termination. This can be a winning strategy if the employer hasn’t been careful to document performance or other problems all along. Don’t get caught in that trap.

Vague comments and complaints aren’t protected

05/11/2011
On occasion, an employee may be too embarrassed to directly confront sexual harassment. Instead, she may complain to a supervisor about unspecified problems. If the complaints are vague and wouldn’t cause a reasonable person to understand the issue of sexual harassment, the employee will have a hard time winning a lawsuit.

Bay Pines VA Center chief ends tumultuous reign

05/11/2011
The beleaguered director of the Bay Pines Veterans Administration Hospital in St. Peters­burg has announced he will retire once the Department of Veterans Affairs finds a replacement. His tenure at Bay Pines has been marred by a string of retaliation suits filed by employees.

Co-worker slights aren’t enough for retaliation claim

05/11/2011

Courts recognize that employers can’t control everything employees do. Judges expect employers to educate workers on appropriate conduct, but they don’t expect perfection. If you hear that co-workers have been giving a hard time to an em­ployee who has filed discrimination charges, check it out and tell them to stop. But don’t lose any sleep over minor slights.

Act fast to stop any potential retaliation against worker who complains about bias, harassment

05/11/2011

Many employees who file discrimination claims are on the alert for potential retaliation. That’s why HR should always check back with employees who file harassment or discrimination charges. If those employees report anything that smacks of retaliation, fix the problem right away.

Tell managers: Get over it! Handling ­employee complaints is part of the job

05/06/2011

It gets tiresome hearing complaints all day. But managers need to understand that showing any irritation when an employee gripes may taint any subsequent disciplinary action against the complainer. The best approach is to accept every complaint with a smile and send it on to HR.

Disciplining? Consider employee’s FMLA status

05/06/2011
Employees who take FMLA leave may have a retaliation case if their employers discipline them differently than other employees and can’t explain why. That’s why you must be able to explain every discipline decision and differentiate between seemingly similar conduct.