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RETALIATION

What are the risks of firing a problem employee?

11/20/2008
  

Q. We have an employee who has a history of clashing with others at work. Her supervisors have addressed this with her many times. Recently, she sent an e-mail that was unprofessional and insulting to co-workers. If we fire her, could she successfully sue us for sex discrimination or harassment?

New president, new Congress: 5 new employment laws could reshape HR

11/11/2008
 

When Barack Obama takes office in January, get ready for the most sweeping employment-law changes the HR world has seen in years. Attorney Mike Fox walks you through the legislation likely to reshape HR, possibly even in the first 100 days of the Obama administration. Here’s how to prepare.

Take it seriously when employee yells, 'Stop!'

11/10/2008
 

Employees who suffer reprisals after complaining about possible discrimination or harassment can sue for retaliation. But they can do so only if they can show they “engaged in protected activity”—that is, that they told their employer about the alleged discrimination or harassment.

FGCU discrimination settlement unsettles athletics department

11/10/2008
 

Carl McAloose, the former Florida Gulf Coast University athletic director, said it only took him “about five seconds” to decide to resign after he heard the university had agreed to settle with Holly Vaughn, former women’s golf coach, and Jaye Flood, former women’s volleyball coach.

Missed lunch invitations, cramped office aren't enough to warrant lawsuit

11/07/2008
 

Sometimes, you find out pretty quickly that someone you hired isn’t going to work out. While the final decision to terminate may take some time, many supervisors naturally start giving the cold shoulder to bad hires. Such a blow-off may be crass, but it’s not the kind of behavior that commonly puts an employer on the losing end of a lawsuit.

The safe way to handle calls for references and recommendations

11/07/2008
 

As the economy shrinks, unemployment is growing in New York and throughout the country. If your organization plans to lay off workers or already has, brace yourself. Lots of former employees are going to list you and your managers as references when they seek new jobs. That means it’s time to make sure you have policies in place on how to handle reference-check calls.

Suspend employee who makes veiled threats

11/06/2008
 

Could a stressed-out employee who makes veiled threats be a danger to himself or others? It’s the kind of quandary that keeps HR pros awake at night. And because the stakes are potentially high, it’s hard to know what to do. The most prudent course of action: Suspend the employee until you can sort matters out.

'Cold shoulder' doesn't add up to retaliation

11/06/2008
 

An employee who can’t prove she actually suffered discrimination can still win a retaliation lawsuit—if she can show that her employer retaliated against her for complaining about alleged discrimination. That doesn’t mean, however, that anything negative that happens to the employee adds up to retaliation.


One less tune for whistle-blowers to play: Sarbanes-Oxley Act trumps Colorado common law

11/06/2008
 

Good news: Employees who allege they were fired for blowing the whistle on their employers for activities that violated the federal Sarbanes-Oxley Act can’t also sue under Colorado’s common-law public-policy exception to at-will employment.

Tell bosses: Accept settlement without comment

11/06/2008
 

Sometimes, it makes sense to settle an EEOC complaint rather than risk a lawsuit and all the costs that go along with litigation. Of course, that settlement probably will come out of some department’s budget. Warn the department manager to take the hit with grace and resist the temptation to show anger or resentment.

Constructive discharge a tough sell after you ask to be fired

11/06/2008
 

Mary Barone had worked for United Airlines since 1995. In 2005, she was promoted to manager of business process administration in Denver. Eventually, Barone sued for discrimination and retaliation, alleging constructive discharge—essentially that she had no choice but to resign.

Hostile e-mail was grounds for firing, federal court finds

11/06/2008
 

Pamela Stoney worked as a sales manager for Atlanta-based Cingular Wireless (subsequently AT&T) in Colorado. After the company fired her for insubordination, Stoney filed a complaint with the Colorado Civil Rights Division, claiming age and gender discrimination and retaliation ...

Keep the faith: You can accommodate religions in the workplace

11/06/2008
 

Title VII of the Civil Rights Act of 1964 prohibits employers with 15 or more employees from religious discrimination. It outlaws treating employees or applicants differently based on their religion in any aspect of employment, including hiring, firing, promotions, discipline and pay. To help employers comply with the law, the EEOC issued new, specific guidelines in July 2008.

Thorough and confidential investigation is best HR response when harassment strikes

11/04/2008
 

It’s bound to happen. An employee will complain about supposed sexual harassment and you will have to investigate. How you handle that investigation could make the difference between winning a retaliation lawsuit and losing it—big time. Here’s the best approach:

Keep some reprimands out of personnel files

11/04/2008
 

Sometimes, you want to send a message to a problem employee, but don’t want to make such a big deal out of it that she’ll think about filing a lawsuit.

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