Fire that employee for complaining about wages at your own peril revisited

I read an article about a cocktail waitress who was fired for “not getting along with management” because she complained in an employee meeting about uniforms, the cold temperature, a lack of benefits, and reduced pay for special events. Management must have thought she was a pain, so they fired her two days later. That …

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Wage retaliation is a big “NO-NO”

Occasionally I receive a comment on a blog from employees seeking help on their deplorable working situation. Some of them are pretty bad. They deal with not just unknowing bosses who make mistakes that result in incorrect pay, but they also deal with some bosses who are purposely steal money by illegally withholding pay. Then …

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Is retaliation such a big deal?

The Merriam-Webster definition of retaliation is either “repay an injury in kind” or “to return like for like, especially to get revenge.” It comes from the Latin word “retaliare” which meant to pay back in kind. Originally it was used in both a positive and negative way, but today it only has the negative meaning. …

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Retaliation is not only illegal it is just stupid

Employers do a lot of things wrong. As an optimist I hope that most of these errors are errors of omission and not errors of commission, as my friend Jon Hyman has once said. As a realist I realize that there may be more intentional wrong-doing than I would like. One area that it is …

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To Keep Your Managers from Retaliating They Need to Know What that Means

Evan Pontz, who writes for Troutman Sander’s HR Matters, wrote a great piece called How Not to Retaliate. He gives four very sound pieces of advice : Enforce a non-discrimination and non-retaliation policy Educate on what is “protected activity” and what are “adverse job actions.”  Investigate carefully and thoroughly. Act consistently and fairly, and document …

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Retaliation for a Claim of Discrimination Is a Big NO-NO Revisited

Last May I wrote this post on retaliation. It is becoming yet a bigger and bigger issue. Attorney after attorney tell their clients that these cases are difficult to defend. According to attorney Robert Shea “…it seems claimants and their attorneys have come to realize that retaliation claims are different than typical discrimination claims and …

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Good Documentation and Good HR Practices Count

It is important to occasionally revisit why good documentation and good HR practices count in making sure your company is well run and stays out of trouble. A decision handed down in March of 2011 by the Supreme Court of the United States (SCOTUS) demonstrated why companies should ensure that they promptly investigate ALL complaints …

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Under the FLSA "Oral" Complaints Count

All employers know that employees grouse or complain about something in their job and/or the company on a daily basis. Sometimes we feel those complaints go overboard and we lable the employee as a “complainer” and end up helping the employee find work more suited to them, if you get my drift. Sometimes, actually often, …

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