Articles Posted in Retaliation

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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

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

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…

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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

“Doing What’s Right – Not Just What’s Legal”
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