What’s the best way to get in front of a workplace retaliation suit — instead of ending up behind the 8 Ball? Knowing how to do that now is more important than ever.
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If it wasn’t so sad, it would be ironic: A non-profit social-service agency laid off a long-time employee because of her disability, and then fired her when she complained it was an act of retaliation.
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When Dad asked for FMLA leave to care for two young kids, his employer denied it because the youngsters didn’t have serious health problems. But the persistent parent pressed for his right to take the child-care time, and won his day in court.
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Fact: The majority of employee lawsuits originate in claims of retaliation, not in actual claims of discrimination or harassment. Why is that? And what can you do to keep the trend from spreading to your workplace?
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Most retaliation claims against managers are straightforward: Employee gets punished; employees says it’s because the boss is carrying a grudge because the employee complained. One type of claim isn’t so straightforward or well understood. And it has special implications for HR.
Maybe you’ve experienced one too many employees marching into your office and demanding “workplace legal rights.” Which of the following really do come under the heading of rights?
In this regular feature, we present dramatized versions of actual legal cases involving Benefits and HR managers, and you get to predict how the court ruled. Today’s case: What happens when a fired employee claims retaliation for taking FMLA leave?
