Retaliation Archives | Page 9 of 9

May 31, 2012

You are likely aware that hourly employees are entitled to overtime pay for weeks during which they work more than 40 hours. Unfortunately, some employers seek out ways to get more than 40 hours of work from their employees without paying them overtime. One method employers attempt is miscategorizing an employee as a salary employee even then they should be paid hourly under the provisions of the Fair Labor Standards Act (FLSA).

Another method used by some employers is requiring that hourly employees work more than forty hours in a week but then insist that they do not report any overtime hours, sometimes threatening or engaging in negative employment actions if the hours are accurately reported. This method is part of the allegations made by the former nanny of Sharon Stone.

May 15, 2012

When we read a story in the Pioneer Press or Star Tribune about a sexual harassment case, it seems like the accused is almost always a male. There are a variety of cultural and business factors that lead to this disproportionate representation. But it is important to remember that just because a manager or supervisor is female, she is not allowed to sexually harass employees.

It can be difficult for anyone to report sexual harassment; they may fear retaliatory termination or simply not being believed. Both men and women who are the victims of harassment are wrongly placed in uniquely difficult circumstances. Everyone deserves a workplace free from sexual harassment. The allegations in one ongoing case demonstrate the susceptibility of both genders to be the victims of sexual harassment in the workplace.

May 2, 2012

Former Minnesota Viking quarterback Brett Favre has been called on to testify in a sexual harassment lawsuit surrounding text message he allegedly sent while playing for the Jets. The lawsuit alleges that while Favre was the starting quarterback for the Jets, he sent numerous inappropriate text messages to two massage therapists who were employees of the team.

According to the two female employees, they brought the inappropriate messages to the attention of the team management. The employees were likely hoping that the team would address this situation and take appropriate steps to deal with it and ensure that it did not occur again in the future. But the two female employees claim that rather than addressing the situation properly, the team simply terminated them.

April 25, 2012

Sexual discrimination related to the game of golf was recently in the national headlines as the PGA Master’s Tournament at the Augusta National Golf Club highlighted the clubs refusal to admit female members. But alleged discrimination at a golf club can also be found much closer to home. Four former employees of the Minneapolis Golf Club filed a lawsuit earlier this month alleging sexual harassment.

The female employees claim that two male supervisors engaged in unwanted and inappropriate touching and unwanted sexual propositions. One of the woman claimed that a supervisor had cornered her and then grabbed and kissed her.

February 13, 2012

Both Minnesota and federal law protect employees who report illegal activities taking place in their workplace. Under these laws, it is generally illegal for an employer to retaliate against whistleblowers by firing or demoting them, among other actions.

Recently, a federal judge ordered the Mayo Clinic in Rochester, Minnesota, to reinstate an employee who had reportedly complained about the poor maintenance of the clinic’s vehicles.

May 6, 2011

A Hennepin County jury today found that G&K Services retaliated against truck driver James Dubiel for making a Workers Compensation claim. Dubiel was injured on the job when a car lost control and sideswiped his delivery truck. Dubiel filed a report of injury and G&K then fired him, claiming that he had not provided truthful information in a pre-employment physical.

The jury found that Mr. Dubiel’s filing of a Workers’ Compensation claim was a motivating factor in G&K’s decision to terminate him and awarded Dubiel $111,000 for lost wages and emotional distress, as well as $250,000 in punitive damages.

Dubiel’s attorney Michelle Dye Neumann from Halunen Law remarked: “James Dubiel loved his job. This made his termination particularly painful, to say nothing of the difficulty of finding work in this economy. This verdict lets employers know that the laws mean what they say. Employees who are injured on the job cannot be fired because they report an injury and seek the compensation due to them under the law.”