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The Employer Handbook Blog
Articles Posted in Retaliation
Oh, you think you know retaliation, do you? Wait until you see this.
Yesterday, I read a press release in the EEOC’s Virtual Newsroom announcing the resolution of a retaliation lawsuit. In my twenty-plus years of practicing employment law, I didn’t recall seeing retaliation claims quite like this one. Continue reading
Firing fast in certain situations can help defeat retaliation claims. Yes, firing FAST!
The common logic is that firing an employee shortly after complaining about workplace discrimination isn’t a good look. Continue reading
50,000 reasons to reconsider scolding an HR Manager for investigating sexual harassment claims (i.e., doing their job).
Yesterday, the U.S. Equal Employment Opportunity Commission announced that a Pennsylvania-based construction company will pay $50,000 and furnish other relief to settle a retaliation lawsuit.
Poor Yelp reviews — and not retaliation — are why this rude restaurant hostess got fired
The hostess at an Asian-American restaurant in Chicago, Illinois, was employed in that role for about two years.
Two years the restaurant probably wishes it could have back. Continue reading
Retaliation can come in all shapes and sizes
Earlier this month, a federal appellate court addressed a few situations involving retaliation claims in the workplace in which parties (and sometimes courts) may misapply the law, namely, Title VII of the Civil Rights of 1964.
So, let’s clear this up. Continue reading
Hey, HR! Avoid the same mistake that this HR Department allegedly made when responding to an employee’s complaint.
An employer recently learned the hard way that a proper response to an employee’s complaint of harassment involves more than simply investigating it.
I’ll explain. Continue reading
Some complaints of sexual harassment aren’t protected at all
Suppose an employee gets fired after complaining about sexual harassment at work. If that person later claims retaliation, they will have to establish a nexus between the two events, and the complaint also arises to the level of what we call a “protected activity.” Continue reading
When an employee sues, what law applies when they’ve worked in two states?
Famartin, CC BY-SA 4.0, via Wikimedia Commons
I read a recent NJ federal court decision where a plaintiff began working for the defendant in New Jersey but later requested and received a transfer to Pennsylvania.
And that’s when things went awry. Continue reading