Tag: retaliation

bully

Tips for Avoiding Retaliation Claims

What if an employee complains about harassment, but you investigate and find no evidence of harassment? Or, what if an employee files a complaint with the Equal Employment Opportunity Commission (EEOC) alleging discrimination, but the EEOC also does not find any wrongdoing? Can you fire either of these employees for making false claims?

Ohio

Can Waste Management Employee Prove Disability Discrimination Claim?

The 6th Circuit Court of Appeals—which covers Kentucky, Michigan, Ohio, and Tennessee—recently heard a claim from a former Waste Management employee. The former employee claims he was discriminated against under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). How did the 6th Circuit rule? Facts “Justin” was hired by […]

EEOC

Mistakes to Avoid During Workplace Investigations

Workplace investigations can be time consuming and exhausting—but, despite that, they’re not a time where it’s okay to cut corners. When conducting an investigation, the organization must always remember that it’s not only seeking to resolve the issue at hand, it’s also seeking to minimize the risk of future lawsuits and do everything properly in […]

Whistleblower

Embrace Your Inner Whistleblower! A Strategy for Avoiding Retaliation Claims

There’s a huge divide between the whistleblower’s view of a situation and the legal analyst’s view, says attorney Brad Cave of Holland & Hart LLP in Cheyenne, Wyoming—and editor of Wyoming Employment Law Letter. If employers can “put on the whistleblower’s hat,” he says, they may be able to significantly reduce the risk of a […]

Kentucky

Manager Claims Disability Bias after Employer Requires Psychological Evaluation

The U.S. 6th Circuit Court of Appeals—which covers Kentucky, Michigan, Ohio, and Tennessee—recently heard from a former Home Depot manager, claiming that he was discriminated against based on a “perceived” disability. The manager claims he was put on medical leave and required to undergo a psychological evaluation. The manager had made “threatening remarks” that could […]

California

Was a California Nurse Able to Defend Retaliation and Defamation Claims?

A registered nurse complained to hospital management about patient safety practices. The hospital fired her shortly afterward, allegedly for improper and dangerous patient care. The nurse sued for retaliation and defamation. The California courts were left to decide if her termination based on a legitimate nonretaliatory reason.

Thumbs Down for Jerky Maker—Fires Employee for Calling 911

Upton Sinclair’s The Jungle, written in 1906, portrays the harsh conditions immigrant workers faced in the meatpacking industry at the turn of the century.  Sinclair’s novel helped pave the way for reform in the meatpacking industry and probably spawned the vegetarian movement, but that’s just neither here nor there.