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Employers can defend against alleged retaliation by showing they had a good reason for the adverse action. For example, if a supervisor moves an employee to another position for a legitimate management reason, that’s not retaliation. Consider the following case.
Don’t read too much into the recent foray by the NLRB into the brave new world of social media. Employees don’t receive a free pass on social media posts. They don’t have license to defame, disparage or otherwise trash their company, management, product or co-workers. Until the NLRB says otherwise, employers shouldn’t treat social media any differently than any other form of employee communications.
When you warn supervisors not to retaliate against employees who complain about alleged discrimination, include this reminder: Seemingly little things—like increasing the employee’s workload or nit-picking about performance issues—can lead to a retaliation lawsuit.
Judges understand that human emotion plays a part in some personnel actions—especially in cases involving alleged retaliation. They know that if an employer was planning to retaliate for something an employee did, it wouldn’t wait several years to act.
In 2004, state voters approved linking the minimum wage to inflation. All went well for a few years, but now a lawsuit says the state got the math wrong two years ago.
Q. Last year, Christmas fell on a Saturday, and one of my employees who normally works Monday through Friday asked me if he would receive an extra day of pay. Are Texas employers required to provide employees with certain paid holidays?
The tragic case of a St. Paul nurse who died of cancer may soon test the reach of the Americans with Disabilities Act Amendments Act, now that the EEOC has filed a lawsuit alleging that her employer violated the law by refusing to accommodate her disability.
Employers can’t punish employees for complaining about alleged discrimination or harassment. That’s true even if the complaint doesn’t pan out, as long as the employees complained in good faith. But judges don’t want employees to use the threat of a retaliation lawsuit as a way to circumvent fair discipline, either. There’s a way for employers to get judges on their side.
Given the low cost and the easy accessibility of electronic records storage, many employers are making the digital leap to “paperless” HR. But despite the many benefits of going paperless, a host of legal problems could derail even the best-intentioned digital records plan. Carefully consider these legal issues when transitioning to an electronic personnel records system.
It’s often easy for employees to prove retaliation than whatever alleged bias may have preceded the retaliation. For cases involving employees who are also members of the armed forces, it’s even easier. They’re protected by USERRA.