Retaliation is prohibited under numerous state and federal laws. The elements of a retaliation claim are:
- An individual has engaged in a protected activity;
- The employer took an adverse employment action against the individual; and
- There is a causal between the protected activity and the adverse action.
Here is some need-to-know information all company execs must have to avoid retaliation lawsuits.
Adverse employment actions don't just include major employment decisions like demotion or termination; decreased responsibilities, lowered performance ratings, failure to accommodate an employee's disability, etc., may also be considered signs of retaliation or a retaliatory motive. Courts have also ruled that a continuous series of small actions can add up to retaliation over time.
Engaging in a protected activity, such as filing a discrimination ...(register to read more)
- Cutting an employee's pay is perfectly legal, but first review his potential for a bias lawsuit
- Warn bosses against even subtle retaliation
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- Noncompete must be reasonable and necessary to protect legitimate interests