Posts in Retaliation.

The defense completed its case yesterday at the trial of Alexandra Marchuk's sexual harassment claims against the New York City law firm of Faruqi & Faruqi and partner Juan Monteverde. Prior coverage of the trial is available here, here, here, and here.

Yesterday, Mr. Monteverde testified more about the blood-stained carpet, saying he had not noticed the stains until Ms. Marchuk told ...

Guess what? You know those SEC disclosures about pending litigation that publicly held companies are required by law to make? Well, if an employer says too much, it may be "retaliating" against the litigants.


I am not making this up. International Monetary Systems, Ltd., is facing a jury trial on a retaliation claim made by a former employee. The company is going to trial because it listed ...

NOTE: On January 15, this post was updated and one correction made (see "Nipped in the bud" and "Jury clobbers Catholic diocese," below). 

Happy New Year, everyone! While I've been out for the holidays, the courts and government agencies have stayed busy with employment law matters. Here are the developments that I thought were especially noteworthy:

WAGE AND HOUR

Twenty states raised ...

Employers, if you're getting advice like this from your employment lawyer, do you know what time it is? Time to get a new employment lawyer.

"Never give in on unemployment."

This is terrible advice on so many levels. First, an employee who doesn't have even the relatively minimal income provided by unemployment is going to be that much more likely to sue you -- as a matter of financial ...

You're an employer who tries to do the right thing. But what hidden traps are out there, waiting to grab your ankle and yank you into a lawsuit? Here are a few that cause trouble for even the best employers:

Trap No. 5: Capturing all time worked for your non-exempt employees. We get so accustomed to exempt employees who answer emails at all hours and handle business while driving to and from ...

David Smith of Constangy’s OSHA practice group is co-author of this post.

The federal Occupational Safety and Health Administration and the Federal Motor Carrier Safety Administration are tag-teaming transportation employers. They’ve signed a Memorandum of Understanding in which they agree to share information about allegations of safety, coercion, and retaliation.

And ...

You can't fix stupid.

https://www.youtube.com/watch?v=CosD7h2703o

Homo sapiens is fired for teaching about homophones (and his sister is a known thespian rumored to have dramaturgical aspirations). A teacher at a private language school in Utah says that he was fired by the director for posting about homophones on an educational blog, which the director allegedly believed was ...

Employers (and their lawyers) worry so much about disgruntled, lazy, poorly performing employees who never show up ("The food here is terrible -- and such small portions!")

But do you ever worry about employees who are too eager to please? If not, you should.

Legend has it that King Henry II of England, angry at his former friend Archbishop Thomas á Becket, vented, "Will no one rid me of ...

A reader, who has asked to remain anonymous, suggested that I write about employees who make "stupid" complaints about discrimination, harassment, or other allegedly unlawful treatment.

The following is a fictionalized email, but it accurately presents the spirit of her concern.

Dear Robin,

I am a Human Resources director for a government employer. You won't believe this, but I ...

An article by Lauren Weber and Rachel Feintzeig in Tuesday's Wall Street Journal caught a lot of attention -- it was about companies that have made the decision to do without a Human Resources function.

The idea drew some positive response on Twitter:

Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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