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You are here: Home / Archives for Retaliation

Furloughs Aren’t Illegal, Are They?

September 10, 2020 by theemplawyerologist Leave a Comment

Suppose you find your company is affected by the pandemic and resulting economic downturn. You decide to furlough some of your employees. You inform them of their impending furlough. You hope that you can now focus on staying afloat until the economy improves. Could the furloughs themselves cause you other problems? What if your employees […]

A SLAPP in the Face? Why You Might Not Want to File a Counterclaim in a Workplace Harassment Suit

September 3, 2020 by theemplawyerologist Leave a Comment

“My employee just sued me and my company claiming sexual harassment. It’s patently false. I want to counter-sue”. I’ve heard this one before. Can you file a counterclaim to a workplace harassment suit? In theory, maybe. Should you? That’s another question altogether.  Why shouldn’t you file a counterclaim — particularly if you really believe — and maybe even […]

This Employer Got In Trouble For Changing an Employee’s Shift…

January 10, 2019 by theemplawyerologist Leave a Comment

Does your organization require employees to work in shifts? Many do. Can you hire an employee in one shift and later ask the employee to work another shift? Generally speaking, yes. Wait. Generally speaking? What does that mean? Doesn’t an employer have a right to determine its needs and hire accordingly? Same answer. Does that mean […]

Can You Retaliate — Against An Employee Who Never Worked For You?

January 3, 2019 by theemplawyerologist 2 Comments

Have you ever been accused of retaliation by an someone who was never your employee? Whaaat? I know what some of you are thinking. This crazy lady has really flipped her lid now. Is it left-over spiked punch from Monday night? (Nope sorry, didn’t have any). Is it global warming? (Doubtful, though it gets blamed […]

Can an Employee Sue for Reduced Overtime?

December 13, 2018 by theemplawyerologist Leave a Comment

A supervisor in your company just told one of his direct reports that she can no longer work voluntary overtime. She’s always put in 4 hours of work before the start of her scheduled shift. As most of you know, the Fair Labor Standards Act (FLSA) requires that when an employee works more than 40 […]

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