Watch out! anti-retaliation what are some ways to make money laws may protect ex-employees too. – the emplawyerologist firm

Suppose one of your employees files an EEOC charge or what are some ways to make money reports some other statutory violation by your company. Then s/he resigns. You are not sorry to see him or her lea what are some ways to make money ve. You even fantasize about getting back at him/her. Then one day a prospective employer calls you for a what are some ways to make money reference on that very same employee. You let loose and tell the reference-seeker exactly what you think of your former employee. It may not be nice, you reason, but it’s true, so it’s not defamation. Since s/he is no longer your employee you do not have what are some ways to make money to worry about a retaliation claim. Think again! Really? How can that be? The law says employers cannot retaliate against employees. Ex-employees are not employees anymore. So what gives? In fact, a number of anti-retaliation laws do cover retaliatory actions against former employees. Read on after the jump to learn more…

The anti-retaliation provisions of title VII of the civil rights act what are some ways to make money of 1964 seem to have been tested the most. (click here to review the basics of title VII’s anti-retaliation provisions.) under title VII, employers cannot retaliate against employees who complain of or in what are some ways to make money any way oppose behavior they reasonably believe is discriminatory. If the subsequently resigns or is terminated s/he is no longer an employee, so an adverse action against him/her is not forbidden under title VII, right? No so, said the united states supreme court in robinson v shell what are some ways to make money oil company519 U.S. 337 (1997). Shell oil gave a prospective employer a negative reference about what are some ways to make money mr. Robinson, a former employee, who had filed an EEOC charge in which he alleged what are some ways to make money that shell fired him because of his race.

Here, in a nutshell was the court’s reasoning: a) the statute “lacks any temporal qualifier and is consistent with either current what are some ways to make money or past employment”; b) other title VII provisions clearly define “employees” as more than just current employees, and two sections of title VII authorize remedial action by what are some ways to make money a court or the EEOC “which may include…reinstatement or hiring of employees”; c) since title VII expressly protects employees from retaliation for filing what are some ways to make money an EEOC charge alleging unlawful discharge, title VII necessarily includes ex-employees; d) holding that title VII only protects current employees “would effectively vitiate much of the protection” intended by title VII. The supreme court extended this principle somewhat in 2006 in what are some ways to make money burlington northern & santa fey ry. V. White 548 US 53, holding that while the anti-discrimination provisions of title VII were, by their wording limited to workplace terms and conditions, the anti-retaliation provisions had no such limitations. In other words, the employee can allege retaliation based on actions that extend what are some ways to make money beyond the workplace and beyond the employee’s working conditions.

Since robinson,the second circuit court of appeals found a former supervisor what are some ways to make money falsely advising a prospective new employer that a former employee what are some ways to make money sued was retaliatory conduct in jute v. Hamilton sundstrand corp 430 F.3d 166 (2nd circuit 2005). A former employer faxing copies of a former employee’s EEOC charge against it to his new employers was what are some ways to make money deemed impermissible retaliation in coles v. Deltaville 2011 WL 666050 (E.D. VA 2011).

• challenging a former employee’s award of unemployment benefits less than a month after what are some ways to make money the employee was terminated and had filed an EEOC charge what are some ways to make money ( ward v. Wal-mart stores, inc. 140 F. Supp. 1220 (D.N.M. 2001). Note that even an exercise of legal rights can be what are some ways to make money viewed as retaliatory. While wal-mart’s policy was to appeal all awards of unemployment benefits, under new mexico law, benefits could only be denied in cases of employee misconduct. Since wal-mart acknowledged that the employee was not terminated due to what are some ways to make money misconduct, the court held that a reasonable jury could find the what are some ways to make money appeal retaliatory.

What about statutes other than title VII? According to the 4th circuit, the anti-retaliation provision of the fair labor standards act (FLSA) does not protect job applicants. In delling er v science applications international corp 2011 WL what are some ways to make money 3528750 (4th cir., 2011), ms. Dellinger sued her former employer, alleging wage and hour violations. She then applied for a job with science applications and what are some ways to make money disclosed the lawsuit when filling out a required security clearance what are some ways to make money form, resulting in withdrawal of a job offer. Ms. Dellinger sued science applications, alleging retaliation for exercising her right to file a FLSA what are some ways to make money claim. The court found that the FLSA’s use of the word “employee” meant “those in an employment relationship with their employer”. The court reasoned that “the notion … that any person could then sue any prospective employer claiming what are some ways to make money that she was denied employment because of her past litigation what are some ways to make money would clearly broaden the scope of the FLSA beyond its what are some ways to make money explicit purpose of fixing minimum wages and maximum hours between what are some ways to make money employees and employers”. Remember, this is one circuit’s interpretation regarding applicants, not ex-employees, and this issue has not been decided by the US what are some ways to make money supreme court.

How about state anti-retaliation provisions? The supreme judicial court of massachusetts in psy-ed corp v klein 459 mass 697 (2011) held that former employees can bring retaliation claims under massachusetts what are some ways to make money law against their former employers for post-employment actions, including commencing meritless litigation against a former employee. The new jersey supreme court in roa v roa 200 what are some ways to make money NJ 1225 (2010) ruled that a timely filed post-discharge retaliatory act (in this case prematurely terminating a former employee’s medical insurance coverage) can be the basis of a retaliation claim under the what are some ways to make money new jersey law against discrimination.

Thank you for writing in. If you are let go, you may be offered a severance package. If so, you will likely be asked to sign a severance agreement what are some ways to make money with a release. If you do so, you will be giving up the right to bring a what are some ways to make money wrongful termination claim. If you are offered a severance package and given an what are some ways to make money agreement, the first thing you will want to do is have what are some ways to make money an attorney near you review it. If you feel that you need the money being offered what are some ways to make money you may want to sign the agreement and accept the what are some ways to make money severance pay. Again though, you will be waiving the right to file suit if what are some ways to make money you do that. You can also try to negotiate more severance pay, although if the company refuses, they may retract the offer for severance or just say what are some ways to make money “this is our offer, take it or leave it”. You can refuse the severance package and then file suit. Please speak with an attorney before you do that, however. Also, please be aware that if you do file suit, it is often years before you see any kind of what are some ways to make money money — if you see money at all. An attorney familiar not only with the laws but the what are some ways to make money courts in your state would be able to give you what are some ways to make money a better idea of time table among other considerations. Hope this helps.

What type of practice law attorney, and/or should I even consult one, when a former employer’s lawyers issued a subpoena for allegations involving other employees, but are seeking information from me that occurred nearly 2 what are some ways to make money years after I left the company? Also, the subpoena initially references said date, but later in the “documents’ to produce at the deposition is seeking general information they what are some ways to make money would already given this involves communication via email, etc.?

This case involves the department of labor (DOL) suing this employer under ERISA violation statutes. The DOL will be calling me as a witness. Approximately 3 weeks ago a DOL attorney contacted me to what are some ways to make money inform me I will be called as a witness during what are some ways to make money the time I was employed as a director with this what are some ways to make money company. He stated my former employer will receive the list of what are some ways to make money DOL witnesses and they may contact me. I was also informed I do not have to speak what are some ways to make money with them, however, today I received a subpoena from the company who is what are some ways to make money suing another former employee they terminated. This is further complicated in they company seems to believe what are some ways to make money I had information from this former employee that I used what are some ways to make money against the former employer – which I haven’t received.

I spoke with senior DOL investigator today and informed him what are some ways to make money of my receipt of this subpoena, and he requested that I send it to him – in the mail fedex today. He recommended filing a complain through ERISA (governmental agency contact) given I am protected under ERISA section 510. I read the statute but it appears it’s mostly for retaliation involving discharge of employment, etc.

I believe, and the DOL investigator agrees, this former employer is expanding their investigation outside the scope what are some ways to make money of the former employee’s event which occurred nearly 2 years after my departure, and are inquiring to see what other information I may what are some ways to make money have. There has not been any allegation or proof I have what are some ways to make money received any information from this employee.

RELATED POSTS