Tag Archives: retaliation

Employers Have New Guidance for Avoiding Retaliation Claims

On August 25, 2016, the Equal Employment Opportunity Commission (EEOC) issued its Enforcement Guidance on Retaliation. As such, the newly published guidance should be a “must read” for HR professionals and companies (right, just want you needed going into the Labor Day Weekend). Next, HR should be prepared to follow up with a meaningful assessment … Continue Reading

Documenting Employee Performance Issues and Teeth Cleaning – Not Fun, But Necessary

For many employers, investigating and documenting poor employee performance issues is about as fun as going to the dentist. But a recent Michigan Court of Appeals decision illustrates the importance of both because it often becomes a critical defense against claims that the employee was disciplined or terminated for unlawful or discriminatory reasons. Worker’s Compensation … Continue Reading

Has the Michigan Department of Civil Rights Changed its Discrimination Investigation Process?

This may be premature speculation, but it appears the Michigan Department of Civil Rights – the agency responsible for handling charges of discrimination against Michigan employers – has slightly revised its claims handling procedures. Employment Discrimination Claims and the Michigan Department of Civil Rights Specifically, an employee or job applicant may file a complaint with … Continue Reading

Are Inconsistent Performance Reviews and Inefficient Termination Process Putting Your Company at Risk?

In a rare decision favorable to Michigan whistlblower plaintiffs, the Court of Appeals reversed a trial court’s decision to dismiss a whistleblower case against an employer. But the real lesson that employers and their HR professionals should take from the decision is that timely decision making in the termination process is critical, as well as … Continue Reading

Social Media Rant by Employer Results in Retaliation Claim Added to Pending Litigation

The recent termination of an employee (Adria Richards) after she tweeted her displeasure at off-color jokes told by certain fellow attendees at an industry conference she attended on behalf of her employer has resulted in a lot of good discussion (see here and here for examples) about the increasing intertwining of social media and employment legal … Continue Reading

Employees and Sainthood – Does Michigan’s Whistleblower Protection Require Both?

In Hays v Lutheran Social Services of Michigan, the Michigan Court of Appeals recently reversed a jury verdict in favor of a former employee who had filed a lawsuit against her employer based on Michigan’s Whistleblower Protection Act (the “WPA”). The basis for the opinion is important for both Michigan employers and employees with respect … Continue Reading

Avoiding Retaliation Claims: Know What You’re Aiming At Before Pulling the Trigger on a Termination

A recent Michigan Court of Appeals decision extended an employer’s liability for a retaliation claim by employees exercising a right afforded under Michigan’s Worker’s Disability Compensation Act (WDCA) even though the employee had yet to file a petition under the act. This case is also a reminder that employers and their HR professionals need to fully evaluate … Continue Reading

Understanding Family Medical Leave Act Claims – One Statute, Two Possible Claims

Companies understandably find employment law to be simultaneously chaotic, complicated, and confusing. And this state of affair certainly applies to the Family Medical Leave Act, (FMLA). This is especially true when it comes to the two distinct type of claims that may be brought under the FMLA and the consequences each type of FMLA claim … Continue Reading

An Employer’s Response Guide to Whistleblower Claims

Retaliation against company employees who report inappropriate or illegal action create significant legal risks for employers under whistleblower protection statutes. Employers, however, can significantly increase their chances of disposing of a whistleblower protection claim if proper policies are in place and by appropriately responding to such reports. The following provides an overview of a whistle … Continue Reading

Avoiding Whistleblower Claims – It’s All in the Employer’s Response

The alleged (mis)handling of an employee’s complaints of wrong-doing by her former employer offers insight on how to avoid a subsequent whistleblower claim or, at least, be in a better position to defend against such claims.  Specifically, a Metro Detroit Employment Law firm was recently sued for violating (ironically) various employment laws. The law firm and … Continue Reading

Does An Employer Violate the FLSA’s Anti-retaliation Provision for Firing Employee For Facebook Posting About Payment Practices?

On June 24, 2011, a Florida federal district court dismissed a claim that an employer violated the Fair Labor Standards Act’s (FLSA) anti-retaliation provision by allegedly firing an employee who expressed her disagreement over the employer’s payment practices on Facebook. The Plaintiff, Lilli Morse, filed suit against her former employer, J.P. Morgan Chase & Co., under … Continue Reading
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