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The Employer Handbook Blog
Articles Posted in Retaliation
She Complained About Harassment, Got a Protective Order, and Was Fired the Next Day. An $80K Lesson in Bad Timing.
According to the EEOC, an employee complained about six months of sexual harassment. Her employer allegedly did nothing. So she went to court, got a protective order against the harasser, handed a copy to HR, and was fired the next day. The harasser kept his job.
What Happens When an Employee Frames a Workplace Grievance as Religious Expression?
A school district police officer posted a prayer on Facebook criticizing his supervisors. He was fired. His lawsuit raised constitutional claims, a retaliation claim, and a religious discrimination claim. The Fifth Circuit affirmed dismissal on all of them, and the reasons why are a useful lesson for any employer.
He Complained. He Got Fired Six Days Later. The Employer Still Won. Here’s How.
The termination decision-maker didn’t know about the complaint. That gap cost the employee everything.
The $11.5M SHRM Post-Trial Ruling Is Here. The Warnings Inside Apply to Every HR-Sophisticated Employer.
The $11.5 million verdict against SHRM survived. Now the court’s explanation of why offers a sharper lesson than the verdict itself.
He Was Put on a PIP the Day He Returned From FMLA Leave. His Employer Still Won.
An employee returned from his third round of FMLA leave and found a performance improvement plan waiting for him. That looks terrible. But a jury will never hear about it.
Can Unpaid Volunteers Sue for Discrimination?
A police department ran a volunteer program that looked and felt a lot like a job, complete with uniforms, badges, ranks, performance reviews, and a paramilitary chain of command. Three young women in the program alleged sex discrimination and retaliation, got dismissed, waited over two years to file charges, and then sued under Title VII. The court shut it all down. Continue reading
Bad, abrupt termination after a discrimination complaint. Still lawful. Here’s why.
An employee complained to HR about discrimination. About two and a half months later, the employer skipped progressive discipline, gave no warning, and fired her the same day over emails. Most people would expect that case to go to a jury. It didn’t. Continue reading
Coworker Says the N-Word. Employer Fires Him Within a Week. Court: No Liability.
One racial slur. One termination. Zero liability. The Third Circuit’s newest hostile work environment decision is a masterclass in what prompt employer action actually looks like.
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.