Retaliation

How many of you would risk the retaliation claim here? (I would)

September 4, 2019 | by Eric B. Meyer

Image by Clker-Free-Vector-Images from Pixabay

You’ve been here before.

One of your employees just complained about discrimination in the workplace. Or maybe s/he just participated in an HR investigation. A few days or weeks later, s/he violates your work rules and you have clear grounds to fire the employee.

Now you have a conundrum. Do you fire the employee and risk the retaliation claim? Or do you give the employee a pass?
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The post-employment retaliation trap that your business needs to avoid

August 26, 2019 | by Eric B. Meyer

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Image Credit: Carly Meyer

Hold on a sec. Let me finish gnawing on that T-Bone from last Wednesday’s dinner at STK in Disney Springs.

Ok, done. Vacation over. Time to start blogging again. Continue reading

How many things can you find wrong with this picture?

August 6, 2019 | by Eric B. Meyer

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Remember those “what’s wrong with this picture” games that we played as children? Something like this.

Last night, I found the employment law equivalent from this recent Sixth Circuit opinion. Continue reading

Retaliation can come in many shapes and sizes

June 7, 2019 | by Eric B. Meyer

By Jfacew at the English Wikipedia, CC BY-SA 3.0, Link

Let’s say that you learn that one of your employees is testifying as a witness in a discrimination case against another company in your industry. That doesn’t sit right with you. So, you tell this employee that you’ll fire him if he testifies.

Is that legal? Or is that, perhaps, retaliation? Continue reading

Three HR lessons from a supervisor’s alleged knuckle-dragging savagery.

March 12, 2019 | by Eric B. Meyer

Evieliam [CC BY-SA 4.0], via Wikimedia Commons

What I have for you today is anything but fine. Continue reading

She was raped by her supervisor, the company suspended her and put the harasser back to work. How mad did this make a federal jury?

January 11, 2019 | by Eric B. Meyer

Ken Lund from Reno, NV, USA [CC BY-SA 2.0], via Wikimedia Commons

Nope. Madder. Continue reading

If at first you don’t succeed, sue, sue, and sue again.

October 30, 2018 | by Eric B. Meyer

Ralph Wilson Stadium (NFL Buffalo Bills) - Orchard Park, NY.jpg

Par Idibri — Flickr – https://www.flickr.com/photos/idibri/16217772928, CC BY 2.0, Lien

Today, I’m going to tell you the story of a man that has now sued the same employer four times.

It’s a bit like the Buffalo Bills of employment litigation, except the plaintiff here hasn’t suffered a fourth defeat…yet.

Is it retaliation to fire an HR employee for encouraging a co-worker to file an EEOC charge? Well…

October 2, 2018 | by Eric B. Meyer

By dconvertini (Nashville, Tennessee, USA) [CC BY-SA 2.0 ], via Wikimedia Commons

I was going to begin this post by telling you more about my weekend trip to Nashville. But since I can hear the sound of thousands of pearls being clutched, I’m not going to bury the lede. Continue reading

Can you ban your employees from wearing Nike apparel at work?

September 10, 2018 | by Eric B. Meyer

By Timidonfire [Public domain], from Wikimedia Commons

Recently, Nike unveiled a new ‘Just Do It’ advertising campaign centered around former National Football Leauge quarterback Colin Kaepernick. Here is the first commercial that aired.

Controversy. Continue reading

2.5 million reasons not to refer to black employees as ‘slaves’ or fire them after they complain to HR

July 31, 2018 | by Eric B. Meyer

Image Credit: Pixabay.com (https://pixabay.com/en/south-beach-miami-florida-sunset-891749/)

In terms of workplace issues, #MeToo and sexual harassment have dominated the headlines in 2018. Most recently, John Oliver covered these subjects on his show and Jon Hyman has a robust discussion going on right now on LinkedIn in which I encourage you to weigh in.

Perhaps aspirationally, Jon wonders whether the collective spotlight on #MeToo will help end the problem.

Meanwhile, in the shadows lurk some pretty sickening instances and allegations of other forms of god-awful, in-your-face, no-doubt-about-it discrimination. Continue reading