Can we fire an employee who complains about discrimination and is dead wrong? I mean, sure. It’s a free country. This isn’t Communist Russia. But if your company is concerned about a...
No, getting fired after telling a supervisor you are pregnant is not retaliation. Or is it? No, it isn’t. I know this because, among other things, I read this Fifth Circuit decision last night after...
What is (and is not) considered retaliation? A director for a major transit authority applied for two internal promotions. She didn’t get either. Feeling that she...
What was an employer thinking fired a worker two days after complaining about “retaliation” and “harassment”? On August 7, 2018, a worker sent an email. The email stated, “I fear retaliation” and “my colleagues and...
He got fired after threatening to complain to HR. Could that be retaliation? The plaintiff in this federal court decision I read last night didn’t exactly come off as a model employee....
Would you stop emailing and texting? Just pick up the damn phone for once instead! If, like me, you deal with HR compliance and employment law issues regularly, you’ve yelled the title of this...
Rarely, futility and fear of retaliation excuse an employee from complaining about harassment. Here’s one. When a plaintiff sues, alleging a supervisor subjected them to a hostile work environment, the defendant may avoid liability...
Wait, what? Court says ‘good fit’ isn’t necessarily code for discrimination or retaliation. Employment lawyers and HR professionals generally preach that employees view “it’s not a good fit” to explain their termination...
This guy’s discrimination claims were so bad. (How bad were they?) They were so bad that a federal judge applied a rarely-used rule of civil procedure to consider summary judgment on...
If this isn’t a ringing endorsement for updating your employee handbook, then what is? I get that employee handbooks are not contacts and are subject to change and all that stuff. But, companies...