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Retaliation › Poor Job Performance

Parker Poe Adams & Bernstein LLP

Eleventh Circuit Says Employee Cannot Claim Retaliation if Actions Interfered With Job Performance

Parker Poe Adams & Bernstein LLP on

Federal civil rights laws prevent retaliation against employees who oppose discriminatory conduct in the workplace. What happens, however, when the employee’s oppositional conduct interferes with the performance of her job...more

Lewitt Hackman

Employers: Every Move You Make, Every Step You Take (Could Be Retaliation): How to Police Your Employees During A Pandemic

Lewitt Hackman on

In the immediate short term, as they deal with the difficulties imposed by COVID-19, employers are making employment decisions on a daily and weekly basis, not only adding to their stress levels, but also increasing their...more

Parker Poe Adams & Bernstein LLP

Increased Scrutiny and Write-Ups Lead to Retaliation Verdict

Parker Poe Adams & Bernstein LLP on

Here is a scenario we commonly face with clients: A poor-performing employee has not quite reached the point of termination. Just prior to a final decision on her employment, she goes to the Human Resources Department to...more

Bradley Arant Boult Cummings LLP

Just What Does A Racially Hostile Environment Look Like? The Eleventh Circuit Provides Some Guidance

Bradley Arant Boult Cummings LLP on

What constitutes a racially hostile work environment? Is one really bad comment specifically aimed at the plaintiff sufficient or do you need a sustained series of racial comments? What if you have both but no evidence that...more

Butler Snow LLP

Hospital Not Liable For Retaliatory Discharge

Butler Snow LLP on

A recent decision by the Court of Appeals of Tennessee, in which the employer prevailed in a retaliatory discharge claim, demonstrates the importance of (1) maintaining confidentiality of workplace investigations and (2)...more

McAfee & Taft

Firing someone returning from leave

McAfee & Taft on

Taking action against an employee after they return from a Family and Medical Leave Act absence can expose an employer to claims of FMLA retaliation. But sometimes it takes an employee’s absence to learn about that employee’s...more

Hinshaw & Culbertson LLP

Nurse's Poor Work Performance Outweighs Claims of Whistleblower Retaliation

Hinshaw & Culbertson LLP on

Lisa Pedersen was a dialysis clinic nurse who was responsible for assessing patients, working with physicians, and administering medication to patients. Pedersen was counseled about aggression in the workplace and other...more

Proskauer - Law and the Workplace

In The Eleventh Circut, Employers Can Terminate “Protected” Employees For Poor Performance And Violation Of Company Policy

Proskauer - Law and the Workplace on

On December 4, 2014, the U.S. Court of Appeals for the Eleventh Circuit upheld summary judgment in favor of an employer against a pregnant employee who had requested FMLA, who was told by her direct supervisor “that [her]...more

Benesch

Sixth Circuit Affirms Skyline Chili’s Summary Judgment On Terminated Employee’s Age, Sex and Retaliation Claims Because Employee...

Benesch on

The U.S. Court of Appeals for the Sixth Circuit recently affirmed a summary judgment granted to Skyline Chili, Inc. on claims of age and sex discrimination, and retaliation, brought by a terminated employee. Skyline showed...more

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