Performance Reviews › Retaliation

Rising Retaliation Claims Reveal Need For Improved Employer Termination Procedures

According to the Equal Employment Opportunity Commission (EEOC), retaliation claims rose again in fiscal year 2012, the sixth year in a row. Given the costly and time-consuming nature of an EEOC investigation and lawsuit,...more

Temporal Proximity Between FMLA Leave and Firing Does Not Always Lead to Successful Legal Claim

The Family and Medical Leave Act (FMLA) continues to create administrative challenges for employers. One particular issue of concern is the discipline and/or termination of an employee who has requested or is on FMLA leave....more

Teacher’s Retaliation Suit Against School District For Exercising Right of Free Speech Involved a Matter of Public Concern

In Gschwind v. Heiden, the Seventh Circuit Court of Appeals found that the dismissal of a teacher’s suit against a school district for retaliation for exercising free speech rights involved a matter of public concern and,...more