|
Employment retaliation claims: A growth industry
by Jesus Villa on June 13, 2008 10:47 CDT
Last year, for the first time, there were more retaliation charges filed with the U.S. Equal Employment Opportunities Commission (EEOC) than sex discrimination charges. The number of retaliation claims filed in state and federal courts and agencies continues to climb. It is not unusual for employees to allege retaliation on top of underlying discrimination claims. And it is not unusual for employers who successfully defend against the discrimination claims to find it much harder to successfully fight off claims of retaliation.Click for more
...................................................................................................................................
Comp time off may run afoul of the law
by Jesús J. Villa on April 25, 2008 08:56 CDT
The practice of employment law can be a thankless pursuit. A couple months ago I cautioned regarding the legal risks of holiday office parties. This article resulted in several e-mails from colleagues accusing me of being a prude, teetotaler and party-pooper.Click for more
...................................................................................................................................
Office betting pools: Dive in at your own risk
by Jesús J. Villa on March 17, 2008 09:29 CDT
Let’s lay it on the table from the start — office betting pools are illegal in Wisconsin. Click for more
...................................................................................................................................
Personal use of company e-mail: Where to draw the line
by Jesús J. Villa on January 24, 2008 11:33 CST
Nowadays, e-mail is a fixture in most workplaces, a useful tool for communication and calendaring. However, most of us also recognize that e-mail can be an enormous work distraction.Click for more
...................................................................................................................................
Beware the office Christmas party
by Jesús J. Villa on December 14, 2007 09:46 CST
Every who in the office liked the Christmas party a lot, but the lawyer who advised on HR matters did not. Yes, I suspect my clients sometimes think of me as a “Grinch.” That’s okay. I understand, and I don’t take it personally. My job is to help my clients manage their legal risks, and sometimes that requires me to be the wet blanket.Click for more
...................................................................................................................................
Unusual behavior can trigger employer’s FMLA obligations
by Jesús J. Villa on November 7, 2007 11:30 CST
As most employers know, the Family and Medical Leave Act (“FMLA”) obligates covered employers to give leave to qualifying employees with serious health conditions. And, as the Seventh Circuit put it in Aubuchon v. Knauf Fiberglass, GMBH, the “quid pro quo” for this obligation is the employee’s burden to give notice of the need for leave.Click for more
...................................................................................................................................
When is a harassment complaint not a harassment complaint?
by Jesús J. Villa on October 5, 2007 13:36 CDT
The Seventh Circuit recently decided an interesting same-sex harassment case that addressed the question of when an employer is put on notice of potential workplace harassment. In Bernier v. Morningstar, Inc., Todd Bernier sued Morningstar, under Title VII, claiming sexual harassment and retaliation. More specifically, Bernier claimed that Morningstar not only did not properly respond to his internal complaint of same-sex harassment, but that it terminated him in retaliation for his complaint.Click for more
...................................................................................................................................
