Category Archives: Retaliation

No Excuse for Poor Performance

A recent decision in the Seventh Circuit Court of Appeals is a good reminder to employers that legal protections from retaliation and discrimination cannot be used to excuse an employee’s poor performance. In Langenbach v. Wal-Mart Stores, Inc., the court … Continue reading

Posted in ADA, Age, Discrimination, EEOC, FLSA, FMLA, GINA, Labor and Employment, PDA, Retaliation, Termination | Tagged , , , , | Leave a comment

President Obama Signs Fair Pay and Safe Workplaces Executive Order

Last week, President Obama signed the “Fair Pay and Safe Workplaces Executive Order,” which requires prospective federal contractors seeking contracts over $500,000 to disclose any labor and employment law violations within the past three years including any violations of federal … Continue reading

Posted in ADA, Age, Department of Labor, Discrimination, FLSA, FMLA, GINA, Government Contractors, Labor and Employment, Labor Relations, NLRA, NLRB, PDA, Retaliation, Wage and Hour | Tagged , , , , , , , , | Leave a comment

All or Nothing: Arbitration Provision in Employee Handbook Unenforceable

Last month, a Massachusetts federal district court found an arbitration dispute resolution policy in an employee handbook unenforceable.  Victoria Domenichetti received an employee handbook on her first day at The Salter School, LLC, which articulated various company policies.  One of … Continue reading

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Insubordination or ADA-Protected Conduct One Too Many Times?

Katherine Kelley, a nurse at Correctional Medical Services, Inc. (CMS), was terminated for insubordination after refusing an assignment she felt she was not physically able to do while recovering from a serious injury.  Kelley subsequently filed a claim under the … Continue reading

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Timing is Everything!

Timing of a disciplinary or adverse action against an employee is important in avoiding litigation.  If an adverse employment action is on the heels of an employee’s engagement in a protected activity (such as filing a claim with the MCAD), … Continue reading

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MCAD Awards One of the Largest Emotional Distress Recoveries in Its History

The Massachusetts Commission Against Discrimination hit Office Max with $300,000 in emotional distress damages in a recent retaliation case.  Office Max claimed that the Complainant, a 13 year employee of Office Max, was terminated due to insufficient sales numbers and … Continue reading

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