Topic
Retaliation
1,372 published works
The Employer Handbook Blog
A Supervisor Swore He Didn’t Know About the Disability. His Own Notes Said Otherwise.
A supervisor swore in an affidavit that he had no idea an employee was disabled. His own meeting notes said otherwise, and that contradiction just cost a Texas community college…
Ohio Employer Law Blog
A labor union retaliated against its own union employee. The irony writes itself.
"Do as I say, not as I do." That may as well have been the management philosophy at United Food & Commercial Workers Local 7. Earlier this week, an NLRB…
Lipsky Lowe’s Blog For New York Employment Law
Can I Be Punished for Using Sick Time in NYC?
In most cases, no. Employers generally cannot discipline, fire, or otherwise retaliate against employees for lawfully using protected sick leave under New York City or New York law. While employers…
Municipal Minute
Employees First Amendment Retaliation Claims Rejected by Court
In Fox v. DuPage Township, the 7th Circuit Court of Appeals rejected former employees' First Amendment claim that they were terminated because they campaigned for an opposing candidate for election…
The Employer Handbook Blog
A Railroad Thought It Had Cracked the Code on FMLA Dishonesty. A Jury Gets to Decide If It Did.
Roughly one in ten of a railroad’s train and engine employees marked off using FMLA leave on Christmas Day. The railroad ran that spike through an algorithm, then a hearing,…
The Employer Handbook Blog
An HR Manager Reported Retaliation. Then She Became a Retaliation Case Herself.
She reported the harassment and lost her job. Her supervisor testified that the man she reported wasn’t disciplined; he got training instead. TL;DR: The Seventh Circuit revived an HR manager’s…
ContractsProf Blog
First They Came for the Non-Tenure Track Faculty . . .
We have had a number of posts about university instructors being fired for presenting materials that make students uncomfortable. Recent developments are alarming. Aggrieved students bypass internal university grievance procedures…
The Employer Handbook Blog
Retaliating Against a Harasser by Sharing His Nude Photos Just Cost Her the Case.
A coworker allegedly groped her and threatened her on shift. Years later, she got fired not for reporting it, but for how she finally hit back. TL;DR: An EMT alleged…
Wait A Second!
Disability discrimination case is reinstated on appeal
By secondcircuitcivilrightsblogsecondcircuitcivilrig
The Court of Appeals has reinstated a disability discrimination claim against a New York City agency, holding that the plaintiff sufficiently alleges the City failed to accommodate his disability. But…
Wait A Second!
Fourth Department sustains $500,000 retaliation verdict
By secondcircuitcivilrightsblogsecondcircuitcivilrig
The Appellate Division, Fourth Department, has sustained a retaliation verdict in favor of a state corrections employee who was disciplined and sent off to work in Siberia after he spoke…