W. Garnett & Associates: Human Capital Management Solutions » Retaliation http://wgarnett.com Human Capital Management Solutions For The REAL World Sun, 05 Sep 2010 17:40:24 +0000 http://wordpress.org/?v=2.8.5 en hourly 1 Number One Spot in EEOC Complaints – Retaliation Claims http://wgarnett.com/wes-blog/number-one-spot-in-eeoc-complaints-retaliation-claims/ http://wgarnett.com/wes-blog/number-one-spot-in-eeoc-complaints-retaliation-claims/#comments Sun, 01 Aug 2010 16:02:37 +0000 wgarnett http://wgarnett.com/?p=3659 The reason for the rise in retaliation claims is simple – they are easier to prove and the damage awards are often higher than claims of discrimination. Retaliation claims typically assert that an employer took some adverse action against an employee, because the employee exercised a legal right, such as filing a discrimination claim. Courts often rule in favor of employees in the retaliation part of their lawsuits, even when the underlying discrimination claim is dismissed.

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]]> http://wgarnett.com/wes-blog/number-one-spot-in-eeoc-complaints-retaliation-claims/feed/ 0 Workplace Retaliation – What is it? http://wgarnett.com/wes-blog/workplace-retaliation-what-is-it/ http://wgarnett.com/wes-blog/workplace-retaliation-what-is-it/#comments Tue, 20 Jul 2010 14:42:19 +0000 wgarnett http://wgarnett.com/?p=3599 In the United States, for instance, there are a number of laws that specifically address workplace retaliation. In short, most of the laws that grant employee rights contain provisions that prohibit reprisals when employees assert those rights. To be considered retaliation, an employer’s action usually must have a negative effect on someone’s employment situation.

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]]> http://wgarnett.com/wes-blog/workplace-retaliation-what-is-it/feed/ 0 Retaliation Claims Foiled By Performance Documentation http://wgarnett.com/wes-blog/retaliation-claims-foiled-by-performance-documentation/ http://wgarnett.com/wes-blog/retaliation-claims-foiled-by-performance-documentation/#comments Sun, 23 May 2010 14:00:33 +0000 wgarnett http://wgarnett.com/?p=3416 In a May 2010 decision, the Eight Circuit Court of Appeals dismissed the retaliation claim of a woman terminated seven months after complaining about alleged sexual harassment. Given that retaliation claims represented 36% of all charges filed with the EEOC in 2009, this case provides a good roadmap for employers to avoid liability for retaliation claims brought by employees disciplined or terminated for performance reasons.

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]]> http://wgarnett.com/wes-blog/retaliation-claims-foiled-by-performance-documentation/feed/ 0 Retaliation In The Workplace – What Constitutes It? http://wgarnett.com/wes-blog/retaliation-in-the-workplace-what-constitutes-it/ http://wgarnett.com/wes-blog/retaliation-in-the-workplace-what-constitutes-it/#comments Fri, 09 Apr 2010 18:43:22 +0000 wgarnett http://wgarnett.com/?p=3143 Title VII of the Civil Rights Act protects employees from retaliation in a variety of situations. It says an employer cannot discriminate against an employee or applicant because they oppose a practice, make a claim of unlawful employment practice, make a charge of discrimination or harassment, or testify, assist or participate in an investigation, proceeding or hearing.

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]]> http://wgarnett.com/wes-blog/retaliation-in-the-workplace-what-constitutes-it/feed/ 0 Eight Ways That a Firing May Be Illegal http://wgarnett.com/wes-blog/eight-ways-that-a-firing-may-be-illegal/ http://wgarnett.com/wes-blog/eight-ways-that-a-firing-may-be-illegal/#comments Wed, 31 Mar 2010 16:23:02 +0000 wgarnett http://wgarnett.com/?p=3130 Most employment is “at will,” which means an employee may be fired at any time and for any reason or for no reason at all. But there are a few important exceptions to the at-will rule — and legal remedies — that may help you hang on to your job or sue your former employer for wrongful termination.

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]]> http://wgarnett.com/wes-blog/eight-ways-that-a-firing-may-be-illegal/feed/ 0 Retaliation Claims And What You Need To Know http://wgarnett.com/wes-blog/retaliation-claims-and-what-you-need-to-know/ http://wgarnett.com/wes-blog/retaliation-claims-and-what-you-need-to-know/#comments Sat, 27 Mar 2010 14:18:56 +0000 wgarnett http://wgarnett.com/?p=3118 Title VII of the Civil Rights Act protects employees from retaliation in a variety of situations.  It says an employer cannot discriminate against an employee or applicant because they.

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Human Capital Management
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]]> http://wgarnett.com/wes-blog/retaliation-claims-and-what-you-need-to-know/feed/ 0 Employers, Keep Your Resolutions http://wgarnett.com/wes-blog/employers-keep-your-resolutions/ http://wgarnett.com/wes-blog/employers-keep-your-resolutions/#comments Mon, 01 Feb 2010 04:06:43 +0000 wgarnett http://wgarnett.com/?p=2860 Q: As a business owner, I am wondering if there are employment practices I should review at the beginning of the year. Is there anything you recommend?

A: As we mentioned last week, it is a good idea to evaluate your workplace practices at the start of each year to ensure that you are in compliance with the law.

Link to the full article below.

http://www.montereyherald.com/jacquelinemcmanus/ci_14198383?nclick_check=1

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]]> http://wgarnett.com/wes-blog/employers-keep-your-resolutions/feed/ 0 Discrimination and Retaliation Charges Are Near Record Levels Claims EEOC http://wgarnett.com/wes-blog/discrimination-and-retaliation-charges-are-near-record-levels-claims-eeoc/ http://wgarnett.com/wes-blog/discrimination-and-retaliation-charges-are-near-record-levels-claims-eeoc/#comments Mon, 01 Feb 2010 03:57:54 +0000 wgarnett http://wgarnett.com/?p=2857 Employers know what’s happening in your workplace.  The EEOC reported that workplace discrimination charges reached near-record highs in 2009.  According to the EEOC, there were 93,277 charges filed in fiscal year 2009 — the second-highest level in its history.

Read the full article linked below.

http://www.huntonlaborblog.com/2010/01/articles/employment-policies/eeocs-nearrecord-number-of-discrimination-and-retaliation-charges-in-2009-foretells-increased-liability-concerns-for-employers/

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]]> http://wgarnett.com/wes-blog/discrimination-and-retaliation-charges-are-near-record-levels-claims-eeoc/feed/ 0 Important Answers to Your Questions of Employee Retaliation http://wgarnett.com/wes-blog/important-answers-to-your-questions-of-employee-retaliation/ http://wgarnett.com/wes-blog/important-answers-to-your-questions-of-employee-retaliation/#comments Sat, 30 Jan 2010 16:27:29 +0000 wgarnett http://wgarnett.com/?p=2849 Employers beware of employee retaliation.  If any adverse employment action is taken against you because you have complained or cooperated with another employee who has complained, or reported what you understand and believe to be illegal activity by your employer, your employer may be subject to liability for violating provisions of the California Fair Employment and Housing Act, the California Labor Code, or other state law and analogous federal law. Whether your complaints of discrimination or harassment are found to be valid is unimportant. Once you complain about what you believe to be discrimination or harassment and your employer takes adverse action against you, your employer is subject to liability regardless of whether discrimination and harassment in fact occurred.

Read the full article linked below.

http://findajobnews.com/employment-retaliation-important-answers-to-your-questions/

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]]> http://wgarnett.com/wes-blog/important-answers-to-your-questions-of-employee-retaliation/feed/ 0 ATLANTA-AREA PAWN BROKER SUED BY EEOC FOR RETALIATION http://wgarnett.com/wes-blog/atlanta-area-pawn-broker-sued-by-eeoc-for-retaliation/ http://wgarnett.com/wes-blog/atlanta-area-pawn-broker-sued-by-eeoc-for-retaliation/#comments Mon, 12 Oct 2009 16:51:47 +0000 wgarnett http://wgarnett.com/?p=2203 According to the EEOC’s suit against PawnMart, Inc., Alicia Cornell, an assistant store manager at PawnMart’s 5966 Fairburn Road, location in Douglasville, Ga., was subjected to both threatening and sexually charged comments by the store’s manager. The EEOC alleges Cornell complained to upper management about her supervisor’s behavior. Within days of Cornell’s complaint, her supervisor began retaliating against her by placing her under increasingly intense scrutiny, refusing to allow her to take lunch breaks, and, finally, having her fired.

Read the full article linked below.

http://www.tradingmarkets.com/.site/news/Stock%20News/2559230/#

W. Garnett & Associates, HR Consultant

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