Ex-Starbucks manager throws employer under the bus for its alleged anti-union retaliation
"I didn't want to do illegal stuff. I've worked my entire life to build up a career of integrity, and I was not going to allow ...
Topic: retaliation
“Pretextual investigation” dooms employer’s defense to ex-employee’s retaliation claim
By Jon Hyman
An employee, Joseph Canada, uses his cell phone to solicit sex from prostitutes during work hours. His employer, Samuel Grossi & Sons, d...
How broad is potential liability for retaliation? THIS broad.
By Jon Hyman
In 2016, Tom Pettay sued his former employer, DeVry University, for age discrimination. The trial court dismissed Pettay's lawsuit on su...
I’m begging you, STOP firing union organizers
By Jon Hyman
Brenda Garcia led union efforts at Chipotle as one of its employees. Or, rather, she was one of its employees until last week, when the res...
Jury awards $450,000 to employee fired over unwanted birthday party
By Jon Hyman
Kevin Berling, a 10-month employee of Gravity Diagnostics, made a simple request of the manager of his office —"Please don't throw ...
Brian Flores burns down the house in his lawsuit against the NFL … and makes himself unemployable in the process
By Jon Hyman
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 ...
Whistleblowing and self-help discovery: lessons from Frances Haugen, the Facebook whistleblower
By Jon Hyman
"Can she do that?" That was the question my wife asked me as we watched last night's interview of Frances Haugen, the Facebook...
6th Circuit applies False Claim Act’s anti-retaliation protections to ex-employees
By Jon Hyman
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...
Even though this employer won its ex-employee’s retaliation lawsuit, PLEASE don’t do what it did
By Jon Hyman
Family businesses are difficult to manage. They become even more difficult when the owners are spouses, and an employee accuses one of sex...
Just because you’re out on FMLA does not grant you a license to threaten your co-workers
By Jon Hyman
“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 ...
No, your FMLA does not grant you license to threaten your coworkers
By Jon Hyman
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...
Ohio lawmakers seek to expand the protections of the Ohio Whistleblower Act
By Jon Hyman
Laws protecting whistle-blowers from retaliation have a long and storied history in the annals of American law. Indeed, according to The...
Your employees do not understand their (lack of) free speech rights
By Jon Hyman
Congress shall make no law … abridging the freedom of speech…. So reads the 1st Amendment of the Constitution. Take note that it does...
The three things you need to know from the EEOC's 2018 charge data
By Jon Hyman
Yesterday, the EEOC released its charge statistics for 2018 . There are three big things you need to know.
Does Title VII protect an employee's self-help discovery?
By Jon Hyman
Suppose one of your employees believes that she was discriminated against because of her protected class. She files a charge of discriminati...
Timing of retaliation is key factor in reinstatement of employee's lawsuit
By Jon Hyman
"See something, say something" is one of the most important elements of any workplace intent on stopping harassment. Employers are...
Nearly half of American workers admit to engaging in workplace revenge
By Jon Hyman
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 ...
Is employee copying of documents protected activity or unlawful stealing?
By Jon Hyman
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...
Timing is everything when defending a retaliation claim
By Jon Hyman
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...
Letter to employees during EEOC investigation may violate discrimination laws
By Jon Hyman
Suppose an employee files an EEOC charge of discrimination against you. And, further suppose that during the investigation, you receive a...