Topic
Retaliation
1,387 published works
Employment & Labor
Partnerships Beware! Partners May Have Claims for Unlawful Retaliation under FEHA
By: James Kachmar On May 16, 2012, a California Appellate Court issued its ruling in Fitzsimons v. California Emergency Physicians Medical Group and held that a partner could state a…
Employment Discrimination Report
Employers Warned By EEOC After Court Victory Not To Force Employees To Choose Between Termination and Signing Agreements Stripping Them Of Their Right to File Charges Of Discrimination
The EEOC has just announced that it has succeeded in winning a rare summary judgment motion on behalf of an employee who claimed that he was unlawfully retaliated against by…
Employment Discrimination Report
Court Emphasizes That Claim For Retaliation Based Upon Engaging In “Statutorily Protected Activity” Must Have Reasonable Basis, Besides Being Made In Good Faith
We have written a lot about retaliation -- for good reason. It is the most frequently filed employment discrimination charge (see our blog of 9/20/11), and, more importantly, it is far…
Employer Law Report
Sixth Circuit Rejects FMLA Retaliation Claim Based On Employer’s Honest Belief That Employee Had Committed Fraud
By Brian Hall
Employers often defend against discrimination and retaliation claims by arguing that courts should not act like super human resources managers who second guess their employment decisions. A panel of the…
San Antonio Employment Law Blog
Texas State Law Claims for Retaliation
Many laypersons people are familiar with the retaliation part of Title VII of the Civil Rights Act of 1964. That anti-retaliation provision prohibits retaliation against someone who opposes discrimination. Title…
Employment Discrimination Report
Blatant Racism is Alive And Well in The US Workplace
If you thought that “code words and dog whistles” (see our blog of March 20, 2012) were the only remnants of employment discrimination 50 years after Title VII, listen to this. …
BeLabor the Point
Title VII Retaliation Does Not Cover Complaints About Investigatory Process
In a recent decision, the Eleventh Circuit Court of Appeals, which has jurisdiction over Florida, ruled that an employee who was terminated after complaining about the way her employer conducted…
HR Defense
Whistleblower and Retaliation Claims – Hot Topic at Akerman’s 17th Annual Labor & Employment Law Seminar
You have done everything right. You provide a legitimate, non-discriminatory reason for taking an adverse employment action against one of your employees. You provide all the evidence any jury could…
Employment Law Matters
Back pay award in successful retaliation claim against former employer may be based upon position not awarded by a different employer.
It is generally understood that employees can bring Title VII claims – and be awarded damages - for hostile environment, wrongful termination, and retaliation. What is less clearly understood is…
Personal Injury Law Journal
Can My Employer Fire Me If I File A Workers’ Compensation Claim?
Many injured workers hesitate to file a formal workers' compensation claim to obtain the benefits they are entitled to because they are worried about losing their job. While this is…