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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 animus.

They were wrong.

What I have for you today is another similar situation. This time, we have an employee who complained about a supervisor’s sexual harassment. The company investigated. Then, it fired the supervisor and promoted the victim to supervisor. And then promoted her again. But, later, the company fired the victim. Continue reading

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Image by kdbcms from Pixabay

Yesterday, the National Labor Relations Board announced here that it wants your input — actually your lawyers will have to submit a brief — “on whether the Board should reconsider its standards for profane outbursts and offensive statements of a racial or sexual nature.” Continue reading

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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 you have a conundrum. Do you fire the employee and risk the retaliation claim? Or do you give the employee a pass?
Continue reading

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By National Labor Relations Board – http://www.nlrb.gov/shared_files/Press%20Announcements/2010/A-08.pdf, Public Domain, Link

Just because you say that an employee is an independent contractor doesn’t make it so. Many companies have found that out the hard way when the U.S. Department of Labor comes knocking for a wage and hour audit.

But, could this misclassification also be an unfair labor practice under the National Labor Relations Act? Continue reading

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Yesterday, in this blog post, I asked you to take this quiz. That’s the one where you were shown 11 common social media policies and had to decide which ones the National Labor Relations Board’s Office of General Counsel would conclude were lawful.

So, how did you do? You did aight. Continue reading

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