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Showing posts with label retaliation. Show all posts
Showing posts with label retaliation. Show all posts
Monday, April 18, 2022

Jury awards $450,000 to employee fired over unwanted birthday party

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Kevin Berling, a 10-month employee of Gravity Diagnostics, made a simple request of the manager of his office —"Please don't throw ...
Thursday, February 3, 2022

Brian Flores burns down the house in his lawsuit against the NFL … and makes himself unemployable in the process

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If you haven't read the lawsuit Brian Flores filed against the NFL and three of its franchises, you should. It reads like a law school ...
Monday, October 4, 2021

Whistleblowing and self-help discovery: lessons from Frances Haugen, the Facebook whistleblower

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"Can she do that?" That was the question my wife asked me as we watched last night's interview of Frances Haugen, the Facebook...
Wednesday, April 7, 2021

6th Circuit applies False Claim Act’s anti-retaliation protections to ex-employees

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In the history of this blog's 3,603 posts, I've never written about the False Claim Act. If you've been waiting with bated breat...
Wednesday, February 12, 2020

Even though this employer won its ex-employee’s retaliation lawsuit, PLEASE don’t do what it did

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Family businesses are difficult to manage. They become even more difficult when the owners are spouses, and an employee accuses one of sex...
Thursday, December 12, 2019

Just because you’re out on FMLA does not grant you a license to threaten your co-workers

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“Hey pussy … I’m going to get you for what you did.” Ordinarily, if one employee confronts another employee with a threat like the one ...
Thursday, August 29, 2019

No, your FMLA does not grant you license to threaten your coworkers

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After being harassed by co-workers, Paul Ellis took to Facebook to air his grievances publicly. Among his comments was one that could be p...
Tuesday, August 6, 2019

It is an inexcusable sin for an employer NOT to have an anti-discrimination policy

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There are some employment policies that you can get away with not having. An anti-discrimination policy is not one of them. In Hubbell v...
Tuesday, May 14, 2019

Ohio lawmakers seek to expand the protections of the Ohio Whistleblower Act

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Laws protecting whistle-blowers from retaliation have a long and storied history in the annals of American law. Indeed, according to  The...
Monday, May 6, 2019

Your employees do not understand their (lack of) free speech rights

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Congress shall make no law … abridging the freedom of speech…. So reads the 1st Amendment of the Constitution. Take note that it does...
Thursday, April 11, 2019

The three things you need to know from the EEOC's 2018 charge data

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Yesterday, the EEOC released its charge statistics for 2018 . There are three big things you need to know.
Thursday, December 6, 2018

Does Title VII protect an employee's self-help discovery?

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Suppose one of your employees believes that she was discriminated against because of her protected class. She files a charge of discriminati...
Wednesday, October 17, 2018

Timing of retaliation is key factor in reinstatement of employee's lawsuit

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"See something, say something" is one of the most important elements of any workplace intent on stopping harassment. Employers are...
Tuesday, August 28, 2018

Temporary employees have permanent legal rights

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Temporary employees do not leave their legal rights at your door. In fact, they enjoy the same rights as your permanent employees. Conside...
Wednesday, April 25, 2018

Nearly half of American workers admit to engaging in workplace revenge

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Photo by  Avalon_Mists on Pixabay And every time I scratch my nails Down someone else’s back I hope you feel it Alanis Morisette  ...
Monday, February 19, 2018

NLRB dismisses James Damore charge against Google—complaints about too much diversity are not protected

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It is lawful for an employer to fire an employee who complains that his workplace is too diverse ?  According to the NLRB, the answer, ...
Tuesday, January 30, 2018

Is employee copying of documents protected activity or unlawful stealing?

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It’s a situation that plays out all too often. An employee emails a slew of documents to a personal email address, or drags them into a pe...
Monday, November 27, 2017

Timing is everything when defending a retaliation claim

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Miriam Valle worked as a ticket agent for Frank Martz Coach Company, until it fired her on January 27, 2016. Two weeks prior, she had adv...
Monday, August 28, 2017

Letter to employees during EEOC investigation may violate discrimination laws

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Suppose an employee files an EEOC charge of discrimination against you. And, further suppose that during the investigation, you receive a...
Thursday, August 24, 2017

The 16th nominee for the “worst employer of 2017” is … the rapid retaliator

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The EEOC has sued an Atlanta cemetery company for firing an employee the day after the agency interviewed her as part of an on-going inves...