Employees may have a valid retaliation claim if an adverse action occurs following an internal complaint.
When an employee complains about a health problem at work, do your diligence. Determine if the employee is requesting an accommodation.
Consider the awful position in which it could place employers who are lax with their termination decisions.
It is critical that both before and after the investigation you communicate to your managers and supervisors that retaliation will not be tolerated.Read More
If you think you can legislate Memo (or other similar apps) out of your workplace, you might want to think again.Read More
Next time you want to take a stand against an employee for how he or she chooses to live his or life outside of work, think again.Read More
Something as innocuous as moving an employee out of his office could be deemed sufficiently 'adverse' to support a retaliation claim.Read More
What is an appropriate response? Here are 10 steps to follow if you receive a harassment complaint from an employee.Read More
The proper way to draft an arbitration agreement, or other agreement that waives certain rights or remedies, is to carve out EEOC charges.Read More
Retaliation claims remain harder for employees to prove, and easier for employers to win on summary judgment.Read More