The Employer Handbook Blog
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If I felt a little snarkier, I would have gone with this instead of the confused emoji. Continue reading
Articles Posted in Retaliation
Why countersuing an employee can be a recipe for disaster!
Image by Gerd Altmann from Pixabay
Rarely — and by “rarely,” I mean usually — I’ll have an employer client ask me about countersuing an employee that has just sued the company.
First, you’re probably just throwing good money after bad. But, I generally don’t debate this with my more “principled” clients — at least the ones willing to pay me a large retainer 😉.
But, there’s a bigger issue. Continue reading
Can a non-employee sue under Title VII as the target of the retaliation against his child?
Image Credit: https://pixy.org/528010/
I’ve got a hypothetical situation for you. Continue reading
Can you fire an HR Manager for encouraging co-workers to sue the company for discrimination?
Good thing I added a few extra servers today, juuuuuuuust in case I had a few extra clicks on this blog post. Continue reading
SCOTUS has a thing or two to say about age discrimination, which has nothing whatsoever to do with COVID-19.
Last week, on Monday, the Supreme Court issued this age discrimination opinion. The opinion focuses on age bias in a federal government workplace, which is a small portion of folks that read this blog.
But, there are a few takeaways for the rest of you. And since this is an employment law blog, let’s discuss what the Supreme Court has to say about age bias in your workplace. Continue reading
This, right here, is some of the most messed up retaliation (allegedly). And it all settled for a cool milli.
Image by Clker-Free-Vector-Images from Pixabay
Technically, they settled for $1.15M. But, that won’t stop me from playing some ‘Lil Wayne. Continue reading
There’s retaliation, and then there’s locking the complainant in a walk-in freezer. (Allegedly)
Image Credit https://www.jbcharleston.jb.mil/News/Photos/igphoto/2000273522/
That’s cold. Continue reading
Can a demotion be a reasonable accommodation under the ADA?
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In the context of an employment discrimination lawsuit, when I think about a demotion, I’m also thinking of retaliation. Continue reading
How to fire a poor performer who complains about discrimination and still avoid a retaliation claim
Image by Christos Giakkas from Pixabay
You have an underperforming supervisor in your workplace. Several employees have complained about her work performance and leadership. So, the plan is to fire her. Except, three weeks before you terminate this supervisor’s employment, she complains about discrimination.
Can you go through with the termination? Or is the timing so suggestive of retaliation that you’re practically guaranteeing a jury trial on that issue?
Let’s find out…
And here is a retaliation claim that may make it all the way to a jury to decide
Image Credit: Photofunia.com (https://photofunia.com/results/5d9aa283089f7ad4978b458c)
Earlier this week, I detailed several feeble retaliation claims that a federal court easily brushed aside.
Today, I’ll talk about another retaliation claim that almost suffered a similar fate until one of the most conservative federal appellate courts in the country breathed new life into it. Continue reading