News & Analysis as of

Retaliation Discipline

Fisher Phillips

Recent Rulings Pave Way for More Workplace Bias Claims: 5 Steps for Florida Employers to Reduce Risk of Trial

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Two recent court rulings provide a roadmap for Florida employees and their attorneys to take their claims all the way to trial by building a convincing mosaic of circumstantial evidence. This means that now more than ever,...more

Proskauer - Whistleblower Defense

Third Circuit: Whistleblowers Are Not Shielded From Discipline for Misconduct

On August 26, 2022, the Third Circuit affirmed a grant of summary judgment in favor of an employer, holding that whistleblower retaliation protections in the False Claims Act did not protect an employee from being discharged...more

Constangy, Brooks, Smith & Prophete, LLP

Make Sure The Discipline Train Leaves The Station On Time

Common sense suggests that once the discipline train has left the station an employee should not be able to derail it by filing a charge of discrimination or engaging in other protected activity. This concept is typically...more

Constangy, Brooks, Smith & Prophete, LLP

Employee "Refuses To Sign." Now what?

Should the employer force the issue? You Human Resources professionals are familiar with this scenario. You are present while a supervisor is disciplining an employee. The supervisor has a write-up, pre-approved by you, and...more

Fisher Phillips

Ask Yourself These 7 Questions To Find Out If You Are Ready For A Harassment Complaint

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Hardly a day passes anymore without some famous (or infamous) person being accused of or admitting to engaging in inappropriate sexual conduct. In many of these situations, the conduct is so egregious that one could...more

Foley & Lardner LLP

Top Five Best Practices for Workplace Investigations

Foley & Lardner LLP on

A well-conducted investigation can reduce workplace conflict, promote job satisfaction and inclusion, and can also help shield you from legal liability. However, the converse is also true — a botched investigation can have...more

Proskauer - Whistleblowing & Retaliation

SOX Whistleblower Receives $250,000 Award Related to State Wage Act Complaints

The ARB recently concluded that a former program manager was entitled to recover more than $250,000 in back pay and benefits under Section 806 of SOX based on his discipline and constructive discharge. The ARB clarified that...more

U.S. Equal Employment Opportunity Commission...

Hearn-Kirkwood Will Pay $63,500 to Resolve EEOC Pay Discrimination and Retaliation Lawsuit

Food Service Distributor Unlawfully Disciplined and Later Fired Female Worker Who Complained about Unequal Wages, Federal Agency Charged - BALTIMORE -Gilbert Foods LLC, trading as Hearn-Kirkwood, a food service...more

Parker Poe Adams & Bernstein LLP

Employees Using FMLA Leave Must Abide by Employer's Absence Notification System

Intermittent leave continues to pose some of the most vexing Family and Medical Leave Act problems for employers. Employees eligible for intermittent FMLA leave frequently miss work without advance notice, leaving the...more

Seyfarth Shaw LLP

Connecticut Supreme Court Expands Protection for Would-Be Whistleblowers

Seyfarth Shaw LLP on

Connecticut whistleblowers were handed a siren to sound the alarm on employers this week. In interpreting the state constitution in Trusz v. UBS Realty Investors, LLC, SC 19323 (Conn. Sup. Ct., official release Oct. 13,...more

Pullman & Comley - Labor, Employment and...

Retaliation Claims Shouldn’t Be a Form of Job Security

I recently overheard a plaintiff’s employment lawyer quip that the best form of job security for an employee is to file a retaliation claim. While there may be some plausibility to that, it is certainly not a truism. There...more

Fisher Phillips

The Chicken Or The Egg?

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You finally decided to take the long overdue disciplinary action. Jack has got to be disciplined. But just before you do, Jack, possibly sensing what’s about to happen, makes a complaint of harassment. This is the first...more

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