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Showing posts with label retaliation. Show all posts
Showing posts with label retaliation. Show all posts
Monday, December 5, 2022

Bank properly terminates misbehaving employee despite FMLA leave, 6th Circuit holds

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In 2017, a series of personal adversities, including probation for an incident with a gun and an ex-girlfriend, cocaine use, and a DUI arres...
Thursday, October 13, 2022

Ex-Starbucks manager throws employer under the bus for its alleged anti-union retaliation

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"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 ...
Thursday, September 22, 2022

“Pretextual investigation” dooms employer’s defense to ex-employee’s retaliation claim

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An employee, Joseph Canada, uses his cell phone to solicit sex from prostitutes during work hours. His employer, Samuel Grossi & Sons, d...
Thursday, September 8, 2022

How broad is potential liability for retaliation? THIS broad.

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In 2016, Tom Pettay sued his former employer, DeVry University, for age discrimination. The trial court dismissed Pettay's lawsuit on su...
Thursday, June 30, 2022

Court dismisses employees’ race discrimination claims against Whole Foods based on prohibition of BLM masks

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A group of Black and non-Black Whole Foods employees claimed that their employer unlawfully discriminated against them because of their race...
Monday, May 2, 2022

I’m begging you, STOP firing union organizers

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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...
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...