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Articles Posted in Retaliation

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Can “I Felt Pressured” Undo a Signed Severance Release?

She signed a severance release, collected her benefits, and then sued anyway. The Sixth Circuit just explained why that didn’t work – and why the employer’s paperwork made all the difference. TL;DR: The Sixth Circuit affirmed summary judgment for an employer after finding that a former employee’s severance release was…

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Filed under “duh”: Throwing paper clips at work undermines a retaliation claim. Secretly filming your boss doesn’t help either.

Some employment cases turn on close calls, messy comparators, or shaky documentation. This one turned on something simpler: an employee who admitted to a string of workplace misconduct and still tried to turn the termination into a discrimination, retaliation, and hostile-work-environment case. TL;DR: An Illinois federal court granted summary judgment…

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Ctrl-Alt-Delete that theory: Sixth Circuit rejects retaliation claim after arrest over unreturned laptop

That escalated quickly. A university fired its HR director and asked him to return his work laptop. He refused for months. Campus police eventually obtained a felony arrest warrant. When the former employee finally showed up with the laptop, officers arrested him. He then sued for retaliation. TL;DR: The U.S.…

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Turning a Restructure into Discrimination? She Couldn’t.

  A manager allegedly makes racially inappropriate jokes. Months later, the company eliminates a position in a nationwide cost-cutting initiative and reduces an employee’s hours. So she sues for race discrimination, retaliation, and hostile work environment. But she loses. TL;DR: The Eleventh Circuit affirmed summary judgment after a nationwide restructuring…

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Why “This Is Unfair” Isn’t a Retaliation Claim

  Employees do not need to use legal buzzwords to be protected from retaliation. But they do need to complain about the right thing. General workplace grievances are not the same as opposing unlawful discrimination, and courts continue to enforce that distinction. TL;DR: An employee’s internal grievance about unfair treatment…

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Maybe Don’t Tell the EEOC You Removed Someone From Work for Her “Introduction of Race”

  Me? I probably would not tell the EEOC that I removed a Black employee from work because of her “introduction of race” into the workplace. Especially after she complained about race discrimination triggered by a question about attending a Black Lives Matter protest. But that is exactly what happened…

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When a PIP becomes the retaliation claim

  Performance improvement plans are often treated as neutral management tools. This case shows how quickly a PIP can become the centerpiece of a retaliation claim once an employee raises equity concerns. TL;DR: After an employee raised “boys’ club” concerns, her employer placed her on a performance improvement plan about…

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When “Someone Should Have Told Her” Isn’t Enough for a Retaliation Claim

If retaliation claims could be proven just by pointing to an employer’s handbook, summary judgment would be extinct. This court made clear that policies don’t replace proof. TL;DR: An employee argued that retaliation could be inferred because the employer’s harassment policy required managers to report complaints “up the ladder,” so…