Employment Law

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After last year’s blockbuster U.S. Supreme Court decision that made it easier for employees to sue for workplace retaliation (Burlington Northern v. White), courts have been trying to figure out how to apply that ruling in real-life situations ...

Employees are not immune from layoffs simply because they’ve taken FMLA leave in the past (or are currently out on FMLA leave). But when analyzing performance to determine which employees to lay off, keep FMLA leave days out of the decision ...

Q. I recently discharged an employee for performance problems. At the end of the termination meeting, he asked for a copy of his personnel file. Do I have to give discharged employees a copy of their personnel files? —B.N.

When facing a lawsuit, nothing kills your defense faster than ignoring the paperwork that automatically comes with the territory. While many employment lawsuits may be frivolous, make sure you retain counsel ...

Employees can sue for discrimination if you illegally figure their race, sex, age, religion, disability or pregnancy status into their termination. That’s true even if an employee is a part-timer who works only a few hours on an as-needed basis ...

CBS News sued a former administrative assistant at its KDKA-TV station in Pittsburgh for unlawfully recording phone calls, reading confidential e-mail and gathering private salary information. The company wants her to give the information back, including an “audio diary” she kept of phone calls for six months ...

The EEOC has signaled that it will aggressively pursue employers that discriminate against pregnant applicants or employees. One ironic example: Motherhood Maternity has agreed to pay $375,000 to settle a pregnancy discrimination and retaliation lawsuit ...

A Gibson state police corporal was awarded $340,000 by a federal jury in a lawsuit alleging the department retaliated against him for reporting wrongdoing by fellow officers ...

One part of the federal law that bans job discrimination (Title VII of the Civil Rights Act) makes it illegal to retaliate against employees who engage in “protected activity,” such as filing a discrimination complaint. But here’s a key point to remember: That protected activity must be related to discrimination claims under Title VII ...

Q. In the past, we’ve extended additional benefits to our employees who were National Guard members called up for active duty. Although we’re not going to eliminate that practice entirely, we do want to reduce those additional benefits. Is there any problem with doing so? —L..S.

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