News & Analysis as of

Retaliation Hiring & Firing Human Resources Professionals

Constangy, Brooks, Smith & Prophete, LLP

Constangy Clips Ep. 9 - The Penalty Playbook: 3 Pointers for Employee Discipline

It's tournament time, and just like basketball, employee discipline requires strategy and execution. Employers need to have a game plan and stick to it, or it could land them in hot legal water. In this episode of Constangy...more

Foley & Lardner LLP

When Does Venting Become a Complaint?

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A company makes the difficult decision to terminate an employee’s employment due to poor performance. This should come as no surprise to the employee, who has been counselled and disciplined on numerous occasions. Yet, the...more

Parker Poe Adams & Bernstein LLP

When Documentation Backfires: A Case Study From the Tenth Circuit

Part of our standard advice to nearly every client is "document, document, document." Typically, robust and timely documentation ensures that an employer has strong evidence of its legitimate rationale for making employment...more

Holland & Hart - Employers' Lawyers

Tenth Circuit Court of Appeals Upholds Workplace Policies Against Secret Recordings

In recent years, the issue of secret recordings by employees has sparked considerable controversy. You may recall the recent incident involving an employee at CloudFlare, who filmed herself for nine minutes while questioning...more

Genova Burns LLC

Twist & Shout: Supervisor’s Termination for Shouting Match With Subordinate Upheld Despite Alleged Whistleblowing Activity

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On February 16, 2024, the New Jersey Appellate Division in Ugarte v. Barnabas Health Med. Group, upheld the dismissal of a whistleblowing claim filed by a former supervisor. The Court affirmed the trial court’s decision...more

Dickinson Wright

The 6th Circuit Clarifies Retaliation Under the FMLA

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On January 25, 2023, the United States Court of Appeals for the Sixth Circuit held that an employee’s notice of need for leave, regardless of whether the employee was ultimately entitled to the leave, was protected conduct...more

Constangy, Brooks, Smith & Prophete, LLP

Suit based on notice of intermittent FMLA absences will go to trial

Employers, don't be too rigid about employee notice requirements. Weird case from the U.S. Court of Appeals for the Sixth Circuit. Imagine this: You're the HR manager at a manufacturing facility. An hourly employee has...more

Poyner Spruill LLP

New Publication from U.S. Department of Labor Wage and Hour Division Highlights Continued Focus on Retaliation

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On March 10, 2022, the U.S. Department of Labor Wage and Hour Division (“WHD”) published Field Assistance Bulletin No. 2022-02: Protecting Workers from Retaliation (“FAB”)....more

Epstein Becker & Green

Whistleblower Protections for Employees Expand in New York

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New York Governor Kathy Hochul recently signed legislation that expands one of the state’s whistleblower laws with significant revisions (“Amendments”) to NY Labor Law § 740 (“Section 740”). The Amendments increase coverage...more

Fisher Phillips

Massachusetts Employers Must Exercise Caution: “Implicit” Domestic Violence Leave Requests Could Lead to Liability

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The highest court in Massachusetts just ruled that employers may be subject to liability under the state’s domestic violence leave law even if employees don’t explicitly request such leave, creating a potential liability trap...more

Constangy, Brooks, Smith & Prophete, LLP

Employee "Refuses To Sign." Now what?

Should the employer force the issue? You Human Resources professionals are familiar with this scenario. You are present while a supervisor is disciplining an employee. The supervisor has a write-up, pre-approved by you, and...more

Allen Matkins

California Allows Attorney's Fees Award To Successful Whistleblowers

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California's Labor Code currently prohibits employers, or persons acting on their behalf, from retaliating against employees who "blow the whistle".  Cal. Lab. Code § 1102.5.  The same statute also prohibits employers, or...more

Hinshaw & Culbertson LLP

[Virtual Event] Hinshaw’s 25th Annual Labor & Employment Seminar - October 26th - 30th, 10:00 am - 11:00 am PT

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Join us for Hinshaw's 25th Annual Labor & Employment Seminar, for a week of practical and engaging virtual programming. We are offering the seminar free of charge this year, allowing unprecedented access for those who may...more

Fisher Phillips

Stopping The Spread Of COVID-19 Hate Crimes In Reopened Restaurants

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As restaurants continue to reopen out of economic necessity despite a global pandemic, employers and employees alike remain concerned about the possibility of COVID-19 outbreaks in the workplace. No longer are bad Yelp...more

Hinshaw & Culbertson - Employment Law...

Eleventh Circuit Rejects Retaliation Claim Because HR Manager's Conduct was "Unreasonable" and Not Protected Under Title VII

In Gogel v. Kia Motors Mfg. of Ga., the Eleventh Circuit examined Title VII's opposition clause and the extent to which "oppositional conduct" can be considered so unreasonable that it loses Title VII protection. In this...more

U.S. Equal Employment Opportunity Commission...

Select Staffing to Pay $199,500 to Settle EEOC Sexual Harassment Suit

Staffing Agency Allowed Sexual Abuse of Several Women Placed in Jobs at Albuquerque Police Unit, Federal Agency Charged - ALBUQUERQUE, N.M. - Real Time Staffing Services, Inc., Employment Solutions Manage­ment, Inc., and...more

U.S. Equal Employment Opportunity Commission...

Hat World to Pay $33,000 to Settle EEOC Retaliation Lawsuit

Lids' Retailer Fired Store Manager Who Reported Sexual Harassment and Filed a Charge with the EEOC, Federal Agency Charged - NORFOLK, Va. - Hat World, Inc., an Indianapolis-based retailer of sports hats and fan gear, will...more

U.S. Equal Employment Opportunity Commission...

Rainbow Tree LLC / Persian Room Fine Dining to Pay $65,000 to Settle EEOC Sexual Harassment Lawsuit

Restaurant's Owner Sexually Harassed and Retaliated Against Female Employee, Federal Agency Charged - SCOTTSDALE, Ariz. - Rainbow Tree LLC, doing business as Persian Room Fine Dining, has agreed to pay $65,000 and...more

U.S. Equal Employment Opportunity Commission...

Global Ministries to Pay $50,000 to Settle EEOC Retaliation Discrimination Suit

Communications Specialist Fired for Complaining About Race Discrimination, Federal Agency Charged - ATLANTA - The General Board of Global Ministries of the United Methodist Church, Inc., doing business as Global...more

Butler Snow LLP

#MeToo sexual harassment claims against court clerk go to jury trial

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Like Title VII of the Civil Rights Act of 1964, the Tennessee Human Rights Act (THRA) forbids sexual harassment as a form of sex discrimination. To be actionable, the harassment must be so severe or pervasive that it creates...more

Fisher Phillips

Heed The Flashing Lights – Or 5 Ways To Avoid An Employment Litigation Trainwreck

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When railroad crossing lights flash and whistles blare, everyone knows to stop, look, and listen. Those signals represent a warning, not a permanent roadblock to proceeding. The same is often true of workplace controversies....more

American Conference Institute (ACI)

[Event] Employment Practices Liability Insurance – Strategic Guidance For The Most Complex Epli Claim Coming Across Your Desk -...

Back by popular demand, ACI’s EPLI conference returns to New York City. Whether you are a claims manager, underwriter, risk manager, in-house or outside counsel, this is your most worthwhile opportunity to network and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fraternizing May Lead to Your Partner’s Promotion, Your Discharge, and Possibly a Lawsuit

At what point does a company’s application of its anti-fraternization policy become sex discrimination? Last week, a federal court in Alabama found that the answer to this question may be determined by a jury....more

Genova Burns LLC

Whistleblower Claim a No-Go for Employee who Voluntarily Resigned

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The New Jersey Appellate Division in Portilla v. Maxim Healthcare Services, Inc., recently upheld the dismissal of a constructive discharge lawsuit by a registered nurse, lawyer, and self-described “paradigmatic...more

Bradley Arant Boult Cummings LLP

Stick to Your Story: Employer’s Shifting Termination Justifications Can Cause Employer to Have to Explain Its Discharge Decision...

If you want to avoid potential liability from a former employee, remember a key maxim: Stick to your story about why you made the employment decision. If an employer shifts rationales for its decision or tries to pile on by...more

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