Issue: Retaliation complaints by employees doubled in the past decade.
Risk: Even if you escape liability on an initial employment lawsuit, you could be smacked with a secondary retaliation charge.
Action: Scrutinize the timing of any negative action taken against employees who complain.
In employment law, as in hockey fights, the one who retaliates against the initial action usually gets into the most trouble.
Say an afternoon fry cook sues a restaurant for age discrimination. His case has no merit and would easily be tossed out of court. But the restaurant manager, annoyed at the suit, switches the cook to the early morning shift. Could that be deemed retaliation? Maybe, but the restaurant will likely spend a lot more money defending the retaliation claim than the initial age-bias claim.
Such retaliation lawsuits are becoming more common. In fact, the number of retaliation complaints filed by employees...(register to read more)
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