That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post.” Oh, if I had a nickel for every time I got this question from an employer, “Hey Eric. We have…
Articles Posted in Retaliation
I was right. This appellate court employment-law decision was one of the worst of 2014.
About a year ago, I blogged here about a dreadful Sixth Circuit opinion, in which the court concluded that the plaintiff may have a discrimination claim for receiving the specific transfer he requested (after having interviewed for the position). Now, if you read the comments on my post, you’ll see…
It’s prolly not retaliation when you fire an employee who masturbates in your parking lot
Or, at least, when you honestly believe that one of your employees is masturbating in the parking lot. (Unless, of course, you’re like by buddy Fred, who operates Parking Lot Self-Gratification, LLC). Let’s just pretend that parenthetical remained in my head, ok? After the jump, it’s a lesson on the…
Train your supervisors not to shoot at those who complain about discrimination
Just another HR Pro Tip from your old buddy, Meyer. Hey, what would you guys do without me? Sage advice for American businesses coming up after the jump… * * * Under the law, it’s unlawful to take adverse action against an employee who complains about discrimination in the workplace.…
EEOC’s attack on garden-variety severance agreements suffers a potentially MAJOR setback
Earlier this year, the EEOC filed a federal lawsuit against CVS in which it claimed that drugstore chain “conditioned the receipt of severance benefits for certain employees on an overly broad severance agreement set forth in five pages of small print.” Specifically, the EEOC took issue with several common provisions…
Final Score: HIPAA 1 – Retaliation 0
See how a federal appellate court shut out a plaintiff’s claims of retaliation after she was fired for forwarding confidential documents to herself, purportedly to preserve evidence for an age-discrimination lawsuit filed by a former coworker. What I did there, you see that? After the jump… * * * In…
EEOC shows no goodwill to Goodwill Industries: $100K for retaliation
Just in case you thought that the United States Equal Employment Opportunity Commission uses a soft touch towards any business that may discriminate — let alone a charity. Earlier this week, the EEOC announced here that Goodwill Industries will pay $100,000 to settle a long-standing retaliation lawsuit. In its lawsuit,…
Bad things happen when management laments to HR that black people are ugly
Just a reminder that some managers still engage in really stupid behavior. I was reading this case about an HR Manager of a dentistry practice. Following an interview between a dentist in her practice and an African-American woman, the dentist allegedly commented to the HR Manager that the person would…
Are lots of your severance agreements retaliatory? EEOC says yes.
When your business offers a severance agreement to a departing employee, does it contain: a general release; a non-disparagement obligation; a confidentiality provision; a covenant not to sue; or a cooperation clause Well, if it contains any one (or more) of these provisions, head over to Jon Hyman’s Ohio Employer’s…
Employee claims discrimination, then her friend gets fired. Is that retaliation?
Back in January 2011, when I had only one child and an Aston Martin savings fund, the U.S. Supreme Court decided Thompson v. North American Stainless, LP. In that case, the Court held that an employer violates Title VII of the Civil Rights Act if it takes action against…