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Employer Resource Institute
Home | Discipline

Discipline

Subtopics:

Attendance
Adverse Employment Action
Retaliation
Whistleblowing

Back to Performance & Termination
Complete Topic List


Discipline: Effective PIPs That Won't Land You in Legal Hot Water
April 2010
Performance Improvement Plans--or PIPs--have become a common part of progressive discipline programs. . . . more
Whistleblowers: Employee Complaints Didn't Warrant Legal Protection; How to Spot Bona Fide Whistleblowers
January 2010
Is every complaint an employee makes entitled to protection as a whistleblower complaint? According to a recent decision from a federal district court, the answer is no—an employee's complaints must be very specific to qualify as whistleblowing. Read on to find out the key distinctions. . . . more
Retaliation: Employer Pays $390,000 for Not Following Up on Employee Bias Complaint; Key Steps You Must Take Every Time
December 2009
Here's a familiar HR scenario: An employee comes to you and claims discrimination by his or her boss. The employee then references one or more seemingly unrelated incidents, which may have occurred many months past, and which in and of themselves don't appear to demonstrate anything more than simple misunderstandings. . . . more
Train Managers to Avoid Retaliation Claims; Common Errors That Lead to Lawsuits
CEA Online Exclusive July 2009
One of the most vexing types of claims that employers face is retaliation claims. Retaliation claims can be especially frustrating when employers successfully defend against a bias or harassment claim, but get dinged for retaliating against the complaining employee. Because retaliation is generally easier for an employee to prove than harassment or bias, employers should take extra steps to ensure that managers are trained to avoid statements or actions that can be construed as retaliatory . . . more
Sexual Harassment: Jury Awards Male Employee Millions for Harassment and Retaliation; Mistakes That Could Have Been Avoided
July 2009
What does an employer have to do to get hit with an $18.4 million jury award? Not as much as you might think. The amount awarded to James Stevens, a Vons Grocery Stores employee, was later reduced on appeal to $2.4 million. But even the reduced amount constitutes . . . more
Retaliation: Employer Slammed for Lack of Follow-Up on Employee Complaints; What You Can Learn from This Mistake
June 2009
If an employee complains about bias or harassment in your workplace and then you talk to the employees and supervisors involved, warn everyone to behave better, and issue a reminder that illegal behavior . . . more
Retaliation: New U.S. Supreme Court Case May Expand Employee Protections; Steps You Must Take
April 2009
Employees who report discrimination or harassment have long been protected against employer retaliation under Title VII of the federal Civil Rights Act of 1964 and the California Fair Employment and Housing Act. But what about employees who don't make a report or complaint, but instead disclose facts in response to questions asked in an internal investigation? . . . more
Bulletin: U.S. Supreme Court extends anti-retaliation protections
March 2009
The U.S. Supreme Court recently ruled in Crawford v. Metropolitan Government of Nashville and Davidson County that Title VII's anti-retaliation provision extends to an employee who speaks out a . . . more
News Note: Multimillion-Dollar Retaliation Verdict for Officer Who Stood Up for Co-Worker
January 2009
A Los Angeles jury recently returned an eye-popping $3.6 million verdict for a police officer who charged he was retaliated against by the Los Angeles Police Department (LAPD) for standing up for a fe . . . more
Whistleblowers: The New Consumer Product Safety Improvement Act--And How It Could Affect You
December 2008
Important new federal whistleblower protections--part of the Consumer Product Safety Improvement Act (CPSIA) of 2008--have quietly come onto the national workplace scene, joining the many other whistleblower protection laws already on the books. Don't assume that this law doesn't apply to you simply because you're not in the consumer products business. The law is very broad, and it's in effect now. . . . more
Retaliation: Employee Loses Disability Bias and Workers' Comp Retaliation Lawsuit; Timing Isn't Everything
October 2008
Here's a scenario that may be maddeningly familiar: You're investigating an employee for alleged misconduct who all of a sudden reports an on-the-job injury. . . . more
Family and Medical Leave: Ruling Spotlights Liability Issues for Staffing Firms and the Employers That Use Them
July 2008
Many employers that hire workers through staffing agencies may believe the federal Family and Medical Leave Act (FMLA) does not apply to them when it comes to these employees. However, in a new case that is . . . more
Retaliation: California's High Court Says Supervisors Can't Be Held Personally Liable for Retaliation; How the Ruling Affects Employers
May 2008
The California Supreme Court has decided that supervisors can't be held personally liable for retaliation under the California Fair Employment and Housing Act (FEHA), the state's antibias law. We'll explain the new case and its impact for employers. . . . more
Workplace Bias: U.S. Supreme Court Rules on Admissibility of 'Me,Too' Evidence; Employers May Not Be Off the Hook
May 2008
An employee sues your organization, claiming you laid her off because of her age. To help prove her case at trial, the employee is planning to have a few former co-workers testify that they, too, were subjected to age bias. As it turns out, however, the managers involved in the co-workers' allegations played . . . more
Bulletin: State high court says individuals not liable for workplace retaliation
April 2008
The California Supreme Court has ruled, in a 4-3 decision, that individuals cannot be held personally liable for retaliation under . . . more
Wrongful Termination: Labor Relations Law Preempted Employee's Wrongful Discharge Lawsuit—But Caution Still Required
April 2008
Richard Luke was a maintenance engineer for Collotype Labels USA, Inc., a Napa manufacturer of wine and liquor labels. Luke was suspended for three days for allegedly violating . . . more
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