Tag Archives: Retaliation

To Grant Leave or Not to Grant Leave…That is the Question

Employers covered by the Family and Medical Leave Act often are surprised to find out that the onus is on them to provide eligible employees notice of FMLA rights in the event of a qualifying absence and to properly designate that absence as leave under the FMLA.  (As if employers don’t have enough on their plates…) The FMLA entitles an eligible employee to leave if the employee has a “serious health condition that makes the employee unable to perform the functions of the position of such employee.” Well, what does that mean? A “serious health condition” is “an illness, injury, …

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California Employee Termination – Getting It Right

Letting an employee go is never easy. No one wants to be the bearer of bad news, especially in California where employee terminations seem to frequently end in (or begin) claims or lawsuits alleging discrimination, harassment, or retaliation. Avoiding, or reducing, the risks of claims and suits requires preparation before, during (including the termination meeting), and after the employment. Preparation should start before the employment Be sure your company has written policies and procedures about handling employee complaints or concerns relating to discrimination, harassment, and retaliation. Have written discipline policies and evaluation processes to show that the company takes employee …

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Little Known Tactic for Creative Plaintiff Lawyers to Obtain Reinstatement

In Connecticut, and in most states, a terminated employee has a number of legal options, causes of action that can, in the end, result in reinstatement. The usual routes include a state or federal court lawsuit, alleging any number of types of discrimination, breach of contract, and multiple torts. Most claims of discrimination must first go through the state or federal administrative process to exhaust remedies, before suit can be filed in court. Initiation of a lawsuit is then followed by years of motion practice, discovery, court and other delays. Although the aggrieved former employee initially went to his or …

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