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Articles Posted in Retaliation

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Get your damn story straight if you’re going to fire someone who just returned from medical leave.

Image by DigitalShards from Pixabay I’ve talked a fair amount recently about retaliation claims (here and here), mostly focusing on timing as the possible link between a protected activity (such as a complaint of discrimination) and an adverse employment action (like a firing). The plaintiffs in those cases were unsuccessful…

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They took her complaint seriously, fired her harasser, promoted her twice, and then retaliated against her?!?

Image Credit: Photofunia.com (https://photofunia.com/results/5d750cee089f7a9b358b4594) Last week, I blogged about a situation in which two employees alleged that their former employer retaliated against them for participating in a workplace investigation. Each claimed that the close timing between the investigation and their subsequent firing confirmed that there must have been some retaliatory…

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How many of you would risk the retaliation claim here? (I would)

Image by Clker-Free-Vector-Images from Pixabay You’ve been here before. One of your employees just complained about discrimination in the workplace. Or maybe s/he just participated in an HR investigation. A few days or weeks later, s/he violates your work rules and you have clear grounds to fire the employee. Now…

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How many things can you find wrong with this picture?

Remember those “what’s wrong with this picture” games that we played as children? Something like this. Last night, I found the employment law equivalent from this recent Sixth Circuit opinion. [tl;dr: A colossal series of HR-compliance gaffes leads to a whopper of a jury verdict against the employer, which includes…

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She was raped by her supervisor, the company suspended her and put the harasser back to work. How mad did this make a federal jury?

Ken Lund from Reno, NV, USA [CC BY-SA 2.0], via Wikimedia CommonsNope. Madder. Here’s more from the EEOC’s press release announcing the $850,000 jury verdict. A federal jury rendered a verdict on Dec. 19, 2018 awarding $850,000 in compensatory and punitive damages to a female farmworker at [an employer] in…

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If at first you don’t succeed, sue, sue, and sue again.

Par Idibri — Flickr – https://www.flickr.com/photos/idibri/16217772928, CC BY 2.0, Lien Today, I’m going to tell you the story of a man that has now sued the same employer four times. It’s a bit like the Buffalo Bills of employment litigation, except the plaintiff here hasn’t suffered a fourth defeat…yet. Fake…

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Is it retaliation to fire an HR employee for encouraging a co-worker to file an EEOC charge? Well…

By dconvertini (Nashville, Tennessee, USA) [CC BY-SA 2.0 ], via Wikimedia CommonsI was going to begin this post by telling you more about my weekend trip to Nashville. But since I can hear the sound of thousands of pearls being clutched, I’m not going to bury the lede. A company…