“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 […]
Time May Not Heal All Wounds in Discrimination Cases…
What do you think when you hear that a employee filed a discrimination claim against a former employer? Do you assume it’s just a disgruntled employee looking for a payout? What if the employee alleged that s/he was subjected to 18 years of discrimination and harassment, had complained repeatedly and that the employer did nothing […]
This Employer Got In Trouble For Changing an Employee’s Shift…
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 […]
Employees Have a Right NOT to Pray
We live in a country that affords us many individual freedoms, among them the right to observe the religion of our choice (subject to some reasonable limits). When a job requirement interferes with a sincerely held religious belief an employer must at least try to provide a reasonable accommodation. Generally speaking, employers must not discriminate […]
Don’t Fire a Whistleblower–Even if S/he’s Wrong!!
Your employee alleges discrimination or harassment, or conduct that s/he believes is otherwise illegal. Most of you know that you shouldn’t fire the employee or take some other adverse action in response. I’ve posted about that here. That’s retaliation, and it’s illegal. In a discrimination case, you could pay big bucks for both the discrimination […]