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| Labor Under Fire does not give any form of legal advice but is offered as a means for an employee and/or employer to research labor problems present to a considered legal action. Labor Under Fire advises all employee's to contact a Labor lawyer, to obtain legal advise and/or guidance for any labor problems. Labor Under Fire conceders the employer to already to have an attorney on retainer. |
| Tims Missouri Employment Law By Attorney Tim Willoughby http://www.timslaw.com |
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| WHATS UP MAGAZINE IS A ST. LOUIS STREET NEWS PUBLICATION DISTRIBUTED BY AND FOR THE HOMELESS AND DISADVANTAGED whatsupstl.com |
| "It is not a matter of right or wrong, it is not a matter of moral or immoral but a matter of manipulation". Feb. 11, 2003 By Anthony M. Streckfuss |
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| DISCRIMINATION IN EMPLOYMENT |
| * Blackballed: A Personal DRC Experience A Contributor's Tale that shows how subtle backhanded negatives can deprive good former employees of jobs, how references talk to prospective employers (though promising not to), and how Documented Reference Check (DRC), the reference verifier, conducts business. Bullying Studies |
| Preventing Lawsuits for Wrongful Termination By Norman H. Kirshman Persons whose employment status is "at-will" and who: are not covered by an anti-discrimination statute, do not have an oral, written, expressed or implied contract, have not been terminated in violation of public policy, or were not terminated in violation of a whistle-blower statute, do not implicate a wrongful discharge problem. However, it is obvious by the description few if any employees will meet this criteria. FindLaw.com |
| Question and Answer By Ari Karen Question: can I terminate an employee with sub-par performance after they have filed a discrimination claim: Answer: As long as an employer is not making a decision in retaliation for complaint of discrimination, an employer's performance-based decision to terminate an employee is lawful. EmploymentLawUpdate |
| Taking Sides: Employers Must Deter Potential Retaliation by Non-Supervisory Co-Workers Against Employees Who Complain of Sexual Harassment April 2001 Employees are protected by both federal and state laws against retaliation for engaging in legally protected activities such as, reporting sexual harassment to a state or federal agency or complaining to employer directly. These laws prohibit employers from taking retaliatory action against employees who have reported or opposed actions that they reasonable to constitute sexual harassment in the workplace. LaborEmploymentUpdate |
| Employee loses discrimination case, wins $3 Million + for Retaliation 04-05-00 By Ann Kiermam Did you know that an employer can be found liable for retaliation against an employee who raises a discrimination issue, even if there was no underlying discrimination? One employer just got a multi-million dollar lesson on the subject. FairMeasures.com |
| Employer's Retaliatory Actions Prove Costly Spring 2002 Frequently, an employer's response to a discrimination claim can be more troublesome than the underlying claim itself. A Federal Court in New York recently confirmed this principle when it dismissed an employee's age discrimination complaint, but allowed the employee's retaliation charge which arose out of the age claim to proceed to trial. In reaching this conclusion, the court demonstrated how employers can instill life into an otherwise merit less case. Testa,Hurwitz&Thibeault |
| Retaliation - The Suit of Choice by Robert E. Bettac April 2001 It is no surprise that most claims alleging discrimination because of sex, race, etc. are unsuccessful. Experienced labor practitioners know, however, that this may not be the end of the matter. The complainant's status was often already shaky when the charge was brought. In the aftermath of the charge, the employee's apathy about his job and management's impatience with less-than-exemplary performance can lead to further problems. If management resolves to accelerate the employee's departure, it may find that it has transformed the unmeritorious claim into a risk of serious liability. Akin,Gump,Strauss,Hauer&Feld |
| Supreme Court Rules On Retaliation Claim By Bill ?C. Berger May 11, 2001 Retaliation claims have become increasingly popular. In the typical retaliation claim, the plaintiff alleges that he was the victim of mistreatment at work. For example, he might assert that he was subjected to discrimination. He then alleges that he complained to management, and after his complaint, the company retaliated against him. DenverBusinessJournal |
| Retaliatory Employer Hit with $300,000 Punitive Damages By Maura M. Jakola Winter 2003 Even when an employer is confident that an allegation of discrimination is merit less, the company must still consider whether its actions following such an allegation may constitute retaliation. Indeed, the Seventh Circuit Court of Apples recently upheld a jury verdict for a female plaintiff based on the Title VII retaliation charge, even though the court had dismissed her sex discrimination claims. The jury awarded the plaintiff $3.5 million in punitive damages. Testa,Hurwitz&Thibeault |
| Complaining Former Employee Fails to Prove Retaliation By D. Jay Summer October 8, 2002 Many employers use an exit interview process as a tool for keeping in touch with employee opinions and for identifying issues contributing to turnover. Even without a formal process, many employees find a way to voice their opinion of the company as they are departing. Somewhat surprisingly, the former employees who are the most vocal in their criticism of the employer are often eager to reapply, even after voluntarily resigning. When the employee's comments include allegations of discrimination, the decision of whether or not to rehire can leave the company facing even more criticism. KrupinO'Brien |
| The Winding Road Form Employee to Plaintiff: Psychological reasons for Wrongful Employment Termination complaints By Dr. Joni Johnston My oldest son was born at 12:11 a.m. on New Year's Day, 1995. Because I had gone into labor 22 hours earlier, my ob-gyn had optimistically assumed she would be ringing in the New Year with a glass of champagne and arrive at the hospital in full cocktail attire. As the evening progressed (and my labor did not), she became grumpier and grumpier, at one point frustratingly accusing me of "not trying hard enough" to speed things along. By the time she realized a Caesarian section was a medical necessity, the damage to our relationship had been done. WorkRelationships |
| Pregnancy Discrimination: Yes, It Is Sex Discrimination! In the last two years, the Attorney General's office has received several complaints of pregnancy discrimination, mostly against small employers. In the typical case, the claimant reported that she was working for the employer for a short time, and that when she informed the employer that she was pregnant, she was fired. Usually the employer expressed concerns for the claimant's or her unborn child's health and safety, or said that they didn't want to be "held liable" if the pregnant employee was injured while working. PaulFrank&Collins |
| Something Smells at Wal-Mart: Sex Discrimination Charges Underscore Stubborn Ati-Union Culture By Cynthia Green June 2, 2003 Years of systematic union-busting at the largest U.S. retailer may soon be indirectly punished, as more than a million current and former female Wal-Mart workers prepare a class-action sex discrimination lawsuit. LaborResearch.org |
| ************************************************* How the following stories and articles rate by LUF: * A must read for the employee easy to understand and read ** Helpful but needs something more *** You will have to reread to follow **** This will puts you to sleep, dry boring ***** Time to go to college ************************************************* |