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Retaliation

Piercing the Bulletproof Employee

August 16, 2012
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The potential of a retaliation claim certainly ups the ante when terminating an employee who has complained about discrimination.
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Does a 'Good Faith Belief' About an Illegal Pay Practice Support an FLSA Retaliation Claim?

August 6, 2012
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Despite a recent ruling, if an employee you have classified as exempt complains about overtime pay, do not assume it is safe to retaliate.
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Employer Backs Itself Into FMLA Claim for Ineligible Employee

July 24, 2012
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One case underscores the importance of training those who manage your FMLA program on the law's special coverage and eligibility requirements.
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820,000 Reasons to Have a Social Media Policy

July 19, 2012
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Employers need social media policies to establish the rules of road for employees, who do not understand that they can be held responsible for their off-duty, online activities.
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Associational Retaliation Is Not the FMLA's Peanut Butter Cup

July 5, 2012
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The Family Medical Leave Act and Title VII do not combine like chocolate and peanut butter to create an associational retaliation FMLA claim.
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Pop Quiz: Can You Condition a Job Offer on a Withdrawal of an EEOC Charge?

June 21, 2012
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I've written before how employers must treat pregnant employees the same (no better and no worse) as other employees based on their ability or inability to work.
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DOJ Sues Staffing Agency for Violating Immigration and Nationality Act

May 24, 2012
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The complaint seeks a court order prohibiting future discrimination by the respondent, monetary damages to the employee and civil penalties.
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The FMLA and the Honest Belief Rule: Monitoring Leave of Absence Abuse

May 10, 2012
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I am not suggesting that you surveil every employee who takes leave from your workplace. Without a good faith belief supporting the surveillance, a court could conclude that your actions are unlawful.
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Revenge Is a Dish Best Never Served at All in the Workplace

May 8, 2012
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If you think you can rely on a legal technicality as a defense against retaliation, think again. The deck is stacked against you.
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Data Bank Focus: Retaliation

April 24, 2012
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