W. Garnett & Associates: Human Capital Management Solutions » Retaliation http://wgarnett.com Human Capital Management Solutions For The REAL World Mon, 23 Jan 2012 16:00:42 +0000 http://wordpress.org/?v=2.8.5 en hourly 1 Are Employers Aware of Injuries at the Workplace? http://wgarnett.com/wes-blog/are-employers-aware-of-injuries-at-the-workplace/ http://wgarnett.com/wes-blog/are-employers-aware-of-injuries-at-the-workplace/#comments Mon, 23 Jan 2012 15:32:19 +0000 wgarnett http://wgarnett.com/?p=4512 Employees injured at work can be a problem for business owners.  December 29, 2011  Getting injured on the job is not a pleasant experience for anyone involved. It puts an employee temporarily or permanently out of work and creates paperwork and costs for employers. These inconveniences, however, never justify an employer taking retaliatory action against an injured worker. Threatening an injured worker with job loss or actually firing an employee for making a workers’ compensation claim are illegal actions. 
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]]> http://wgarnett.com/wes-blog/are-employers-aware-of-injuries-at-the-workplace/feed/ 0 Workplace Retaliation After Reporting Unfair Wages http://wgarnett.com/wes-blog/workplace-retaliation-after-reporting-unfair-wages/ http://wgarnett.com/wes-blog/workplace-retaliation-after-reporting-unfair-wages/#comments Mon, 14 Feb 2011 15:17:17 +0000 wgarnett http://wgarnett.com/?p=4060 When employers fail to pay their workers fairly, workers have a legal right to report the unfair practices. Sadly, sometimes bringing attention to an employer’s illegal practices causes the employer to retaliate by punishing or firing the employee. Therefore, many wage and overtime violations go unreported and employees are cheated out of the money they have rightfully earned and are owed.

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Human Capital Management
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]]> http://wgarnett.com/wes-blog/workplace-retaliation-after-reporting-unfair-wages/feed/ 0 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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Human Capital Management
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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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Human Capital Management
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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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Human Capital Management
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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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W. Garnett & Associates
Human Capital Management
1-888-884-3910

]]> 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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Human Capital Management

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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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Human Capital Management

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