Category Archives: whistleblower/retaliation

Talk versus Email: When Electronic Communications Gets You Sued

  Electronic communications are a mixed blessing. Business is more efficient and new ways of commerce continue to open. However, ubiquitous electronic communications have eroded our personal time and presented near-addicting distractions. From a legal standpoint, electronic communications, and especially … Continue reading

Posted in ADA, attitude/culture, discipline and discharge, discrimination, employer policies, generational differences, internal investigations, performance improvement, social media, training, whistleblower/retaliation | Leave a comment

Why Am I Still Getting Sued By Employees?

(From Industrial Distribution Magazine). After covering union challenges and safety compliance concerns in previous articles, we’ll conclude the series by discussing those common employment law claims that continue to vex distribution employers. I will deviate from the usual format and … Continue reading

Posted in ADA, aging workforce, attitude/culture, discipline and discharge, discrimination, EEOC, employer policies, generational differences, harassment, managing legal matters, supervisor development, whistleblower/retaliation | Leave a comment

If Employees Are Unhappy With Politicians, Does That Make Them Mad At the Company?

One of my partners and I discussed what the results of yesterday’s NBC/Wall Street Journal poll might tell us about worker attitudes. NBC News pointed out that President Obama’s approval rating was at its lowest point. The more troubling results … Continue reading

Posted in cultural changes, management and leadership, managing legal matters, Uncategorized, whistleblower/retaliation | Leave a comment

Will GM’s Car Recalls Encourage Whistleblower Claims?

During this week’s discussion about GM’s auto recalls, OSHA also released a Fact Sheet and guidance on “Filing Whistleblower Complaints Under The Moving Ahead For Progress In The 21st Century Act (MAP21).”  I’m willing to bet that most of you … Continue reading

Posted in discipline and discharge, discrimination, manufacturing, OSHA, whistleblower/retaliation | Tagged , , , , | Leave a comment

Huh? What’s A Worker Center Got To Do With Me?

When Is A Union Not A Union? When It’s A “Worker Center.” By Steven Bernstein (Hospitality Update, No. 4, December 2013) In recent weeks, the fast-food industry has fallen prey to coordinated demonstrations by a number of loosely affiliated groups, … Continue reading

Posted in auto industry, boycotts, manufacturing, union organizing, unions, whistleblower/retaliation | Tagged , , | Leave a comment

Pause Before Firing That Guy Objecting To A Work Practice By Quoting Misinterpreted Theology

Eric Meyer posted a spot reminding us that even if the request seems weird, an employer has some level of duty to accommodate a religious practice.  In this case, a mining employee objected to a bio metric scanning system involving his … Continue reading

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Firing Etiquette

A senior HR professional asked when to have HR sit in on a termination.  As with many good questions, the answer is that “it depends on the facts.”  Here are a few initial observations before we get to the central … Continue reading

Posted in discipline and discharge, discrimination, employer policies, management and leadership, managing legal matters, performance management, whistleblower/retaliation | Tagged , , | Leave a comment

Disturbing Poll On Sex Harrassment

The vast majority of sex harassment cases we see litigated do not have legal merit and that tends to make management labor attorneys wary of harassment claims … at least those that are litigated.  It almost seems as if the individuals … Continue reading

Posted in attitude/culture, discrimination, EEOC, harassment, Uncategorized, whistleblower/retaliation | Tagged | Leave a comment

Man Bites Dog – OSHA Style

OSHA enforces more whistleblower laws than any other agency and has made whistleblower protection one of its principal goals. So it grabs your attention when you read “Whistleblower Wins $820,000 Settlement Against OSHA.” OSHA’s foremost official overseeing injury record keeping … Continue reading

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Matt Korn On MSHA.

Matt Korn, a former attorney with D.C. MSHA, who works out of our Columbia office, finished moving into a new house this weekend, and celebrated by engaging in a veritable explosion of blogging. I present for your enjoyment, the following no-doubt … Continue reading

Posted in civil and criminal exposure, MSHA, Washington, whistleblower/retaliation | Tagged , , | Leave a comment