Topic
Retaliation
1,370 published works
The Employer Handbook Blog
Diagnosis: Not FMLA retaliation, just skipping work for a job interview
Some employment cases hinge on timing, comparators, or complicated workplace dynamics. This one was simpler. A resident skipped work for a job interview and then sent what his supervisors viewed…
The Employer Handbook Blog
Filed under “duh”: Throwing paper clips at work undermines a retaliation claim. Secretly filming your boss doesn’t help either.
Some employment cases turn on close calls, messy comparators, or shaky documentation. This one turned on something simpler: an employee who admitted to a string of workplace misconduct and still…
The Employer Handbook Blog
Ctrl-Alt-Delete that theory: Sixth Circuit rejects retaliation claim after arrest over unreturned laptop
That escalated quickly. A university fired its HR director and asked him to return his work laptop. He refused for months. Campus police eventually obtained a felony arrest warrant. When…
Wait A Second!
District court abused its discretion in resolving summary judgment motion under Rule 12 standard
By secondcircuitcivilrightsblogsecondcircuitcivilrig
The Court of Appeals has reinstated an employment discrimination lawsuit because, although the defendants moved for summary judgment under Rule 56, the trial court instead dismissed the case under the…
Achkar Law Blog
Workplace Retaliation and Reprisal in Ontario: Are You Being Punished at Work?
Employees sometimes face negative consequences after raising concerns at work. For example, an employee may report harassment, request overtime pay, or refuse unsafe work, and soon afterward experience discipline, reduced…
The Employer Handbook Blog
Turning a Restructure into Discrimination? She Couldn’t.
A manager allegedly makes racially inappropriate jokes. Months later, the company eliminates a position in a nationwide cost-cutting initiative and reduces an employee’s hours. So she sues for race…
Agricultural Law & Rural Practice | Solo Small Firm & General Practice Section
Register Today for Breakfast Briefing Series: Retaliation & Discrimination Claims: Prevention, Risk, and Best Practices for Employers
By Stephanie Cantrell, Ann Barry Hanneman
Join labor & employment partners Ann Hanneman and Stephanie Cantrell for a practical Breakfast Briefing focused on preventing retaliation and discrimination claims before they arise. This session will provide employers…
Ohio Employer Law Blog
A lesson on retaliation from the State of the Union
A lawmaker sits silently during a high-profile speech. He holds up a simple sign protesting a racially offensive depiction of a former president by the current president. No shouting. No…
Texas Employment Lawyer
You Know It Was Discrimination—But Can You Prove It? The Legal Framework That Decides Your Case Is Under Attack
Summary: Courts have used the 50-year-old McDonnell Douglas framework to evaluate workplace discrimination and retaliation cases based on circumstantial evidence. Two Supreme Court Justices have called for it to be…
The Employer Handbook Blog
Why “This Is Unfair” Isn’t a Retaliation Claim
Employees do not need to use legal buzzwords to be protected from retaliation. But they do need to complain about the right thing. General workplace grievances are not the…