Retaliation

Transfer after taking FMLA leave? That could be considered retaliation

06/13/2019

If you transfer an employee soon after she has returned from FMLA leave, you could wind up facing an FMLA retaliation lawsuit. And as long as the employee can show the transfer was motivated by the use of FMLA leave, she can take a lawsuit to a jury.

Document promotion process to show you chose the best

06/10/2019

Employers that follow their own rules and maintain accurate and complete records of their promotion decisions generally win failure-to-promote cases.

Prepare to pay up when retaliation is alleged

06/10/2019

Even if you win an employment discrimination case, you may end up losing if someone foolishly retaliates against the employee for complaining in the first place.

Before signing settlement, consider other filings

06/06/2019

Sometimes, an employee files several discrimination complaints about incidents that are allegedly related. If you’re thinking about settling one complaint, be aware that other, related claims may remain outstanding.

Good faith wins, even if you might have been wrong

05/31/2019

Courts almost never second-guess employers’ decisions—even dubious ones—as long as they are confident the decisions were made in good faith.

Protect against future lawsuits by documenting details of every complaint

05/06/2019

Employees who complain about alleged discriminatory practices to their supervisors, HR or anyone else inside the organization in a position of authority are protected from retaliation for doing so. But they have to later show that they actually did at least mention discrimination.

Document why you decided not to rehire

04/30/2019

Sometimes, employers let employees gracefully leave instead of being fired. But what if the former employee later applies for a new opening?

Ensure your records show exactly when personnel decisions were made

04/30/2019

To prove retaliation, employees must show that the employer took some form of adverse action against them after they complained. That’s one reason employers must document all personnel decisions: So they can later tell a court exactly when an allegedly adverse action took place.

Fired worker right after she complained about sexual harassment? Prepare for a lawsuit

04/24/2019

If you discharge an employee shortly after she files a sexual harassment complaint, chances are she will sue and allege retaliation. Even if she is off work for a few months, you may end up owing her more than lost wages if she also suffered emotionally.

Never deny benefits because of prior FMLA leave

04/16/2019

An employer who didn’t provide paid leave because of past absenteeism now faces a retaliation lawsuit.