Tag Archives: employer retaliation

New Standards for Pleading in Retaliation Cases

The Sarbanes-Oxley Act is one of the less frequently discussed laws governing retaliatory discharge of employees. Yet, for those working in the financial or corporate sector it can be of vital importance. Various federal statutes governing issues ranging from workplace safety to on-the-job discrimination contain prohibitions against retaliation directed towards employees who report violations. The… Read more »

U.S. Supreme Court Expands Anti-Retaliation Protection of Sarbanes-Oxley

In Lawson v. FMR LLC, the U.S. Supreme Court overturned a Court of Appeals ruling that the whistleblower protections of the Sarbanes-Oxley Act of 2002 (“SOX”) only applied to employees of public companies, not those of contractors. SOX established anti-retaliation provisions for whistleblowers by prohibiting public companies or contractors from retaliating against an employee due to protected… Read more »

UPS Driver Termination Snowballs Into 250 Employees — is this Retaliation?

Jairo Reyes was a UPS driver in New York for 24 years when he was fired for clocking in early to his shifts. The company claims that Mr. Reyes lied about the hours he worked to accumulate unearned overtime. Mr. Reyes claims his manager gave him verbal permission to start his shift early. The manager… Read more »

Protecting Yourself from Retaliation

Federal and state law protects employees from retaliation for pursuing employment discrimination and sexual harassment claims or participating in the investigatory process. However, employees still need to tread carefully to avoid the common traps laid by some unscrupulous employers. Recent court decisions have made it easier for employers to defend retaliation claims. In June 2013,… Read more »

Workplace Retaliation Victims Beware: A Heightened Burden to Bear

The Supreme Court recently clarified the standard for victims alleging retaliation in federal court in University of Texas Southwestern Medical Center v. Nassar. The burden is on the plaintiff to show that the alleged discriminatory action is the “but-for” or determinative cause of the retaliatory discharge, rather than just a motivating factor that led to… Read more »

Effective Use of ADR in Employment Cases

There are many reasons that people are hesitant to pursue legal action for discrimination or harassment in the workplace, the most common being fear of retaliation. In other cases, however, people may resist complaining about these practices simply because they otherwise like their employers, are happy with their jobs and are afraid that taking legal… Read more »

Free Speech at Work

We all know that we sometimes need to be careful what we say at work, but when does an employer firing someone for expressing an opinion run afoul of the law? The fact of the matter is that employers have fairly broad latitude for terminating or dismissing employees who are critical of employer policies or… Read more »

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