In employment lawsuits—as in hockey fights—the person who retaliates against the initial offense usually gets in the most trouble.
Example: Say a store clerk sues for age discrimination. His case has no merit and would easily have been tossed out of court. But the store manager is annoyed by the lawsuit so he cuts the employee’s hours in half. The result: an unsuccessful age-bias lawsuit, but a successful retaliation claim.
Retaliation lawsuits are all the rage among employees (and their lawyers) these days.
Employees filed 26,663 complaints of retaliation with the EEOC in 2007, up 18% from the previous year. Race continues to be the most common complaint. But, for the first time, retaliation was the second most common. Retaliation claims leap-frogged sex-based charges for the first time.
Why the increase? One key reason is a landmark U.S. Supreme Court ruling in 2006. It established a broader national definit...(register to read more)
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