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Retaliation

Poorly Placed Pickles Is an Awful Reason for Discipline

October 6, 2014
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Folks, no one in their right mind is going to believe that a fast-food worker suffered discipline for poor pickle placement.
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How to Draft a Legal Retaliatory Waiver of EEOC Rights

September 22, 2014
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The proper way to draft an arbitration agreement, or other agreement that waives certain rights or remedies, is to carve out EEOC charges.
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When the Cat’s Paw Strikes Retaliation

August 20, 2014
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Retaliation claims remain harder for employees to prove, and easier for employers to win on summary judgment.
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When Retaliation Stands the Test of Time

August 15, 2014
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An employer cannot hold a grudge against an employee who engaged in protected activity, with the hope that the passage of time will permit later retaliation.
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Orange is the New Sexual Harassment Lawsuit

July 23, 2014
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If your workplace is sexually charged, it will catch up with you eventually.
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A Prescription to Stop Bullying

July 18, 2014
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Leaders must explicitly communicate that uncivil, abusive behavior is thwarting their institutional objectives.


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Retaliation or Awkward Timing?

July 11, 2014
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If you are going to terminate an employee on the heels of protected activity, you best have all of your ducks in a row.
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There's No Such Thing as a Free Lunch, Unless You're the NLRB

June 25, 2014
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This case was low-hanging fruit for the Board. Don’t leave your fruit hanging.
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EEOC Continues Fight Against Severance Agreements and Employers Fight Back

May 9, 2014
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Employers should take a wait-and-see approach on this issue. It's is too important for employers to knee-jerk pull these key clauses from their agreements.
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The EEOC Gets Extreme With CVS Lawsuit

April 8, 2014
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What does one make of a recent lawsuit filed by the EEOC against CVS, claiming that a severance agreement it provided to three employees unlawfully restricted their rights?
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