Topic
Retaliation
1,387 published works
HR Law Talk
Avoiding Workplace Retaliation: Guidance for Employers
By Bass, Berry & Sims, Kimberly Veirs
In an article published in the Spring 2017 edition of Employment Relations Today, Bass, Berry & Sims attorney Kimberly Veirs discussed ways employers can avoid retaliation claims in her article "Avoiding…
Labor & Employment Insights
A Candidate Named Sue (or Maybe Regina)? Tread Carefully With the Litigious Job Applicant.
When is it safe to take action against an employee (or a former employee) who filed an EEOC charge against you? As the 7th Circuit just found in Baines v.…
Employment Law Matters
Company’s reaction to claim of unequal pay is a “don’t do” check-list for employers.
Complaints of unequal pay should not be taken lightly, and certainly should not be met with an immediate adverse employment action. The 8th U.S. Circuit Court of Appeals recently reinstated…
Labor Law Prof Blog
Textualism Gone Mad?
A district court in Minnesota recently held that retaliation against a prospective hire for requesting an accommodation wasn’t actionable under §704(a). At issue in EEOC v. N. Mem'l Health Care…
California Employment Law
9th Circuit Lets Employee Sue Employer’s Lawyer for Retaliation
There's a saying that "Bad facts make bad law." At least that's the way I was taught it. A different version: "Hard cases make bad law" has its own Wikipedia…
California Employment Law Update
July 2017 California Employment Law Notes
By Tony Oncidi
We invite you to review our newly-posted July 2017 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: California Supreme Court…
California Employment Law Update
Employer’s Attorney May Be Liable For Retaliation Under FLSA
By Tony Oncidi
Arias v. Raimondo, 2017 WL 2676771 (9th Cir. 2017) José Arnulfo Arias worked as a milker for Angelo Dairy. The dairy did not complete and file a Form I-9 when…
San Antonio Employment Law Blog
Fifth Circuit Discounts Inconsistent Explanation
It is a strange ruling in Alkhwaldeh v. Dow Chemical Company, 851 F.3d 422 (5th Cir. 2017). The three judge panel consistently refers to Mr. Alkhwaldeh by his first name, Ammar,…
Workers’ Compensation Law Prof Blog
Recent Minnesota Undocumented Worker Case Involving Workers’ Compensation
In a prior post, I noted the distinction between workers’ compensation coverage of undocumented workers and difficult remedial questions emerging when considering retaliation claims under a workers’ compensation statute. In…
Workers’ Compensation Law Prof Blog
Some Worker-Centered Observations on Workers’ Compensation Non-Claiming
In reading Judge Torrey’s insightful review of Peter Rousmaniere’s excellent work on non-claiming, I was reminded of conversations about workplace culture that I have had with my students here in…