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Tag Archives: employer retaliation

Workplace Retaliation Victims Beware: A Heightened Burden to Bear

The Supreme Court recently clarified the standard for victims alleging retaliation in federal court in University of Texas Southwestern Medical Center v. Nassar. The burden is on the plaintiff to show that the alleged discriminatory action is the “but-for” or determinative cause of the retaliatory discharge, rather than just a motivating factor that led to… Read More »

Effective Use of ADR in Employment Cases

There are many reasons that people are hesitant to pursue legal action for discrimination or harassment in the workplace, the most common being fear of retaliation. In other cases, however, people may resist complaining about these practices simply because they otherwise like their employers, are happy with their jobs and are afraid that taking legal… Read More »

New Standards for Pleading in Retaliation Cases

The Sarbanes-Oxley Act is one of the less frequently discussed laws governing retaliatory discharge of employees. Yet, for those working in the financial or corporate sector it can be of vital importance. Various federal statutes governing issues ranging from workplace safety to on-the-job discrimination contain prohibitions against retaliation directed towards employees who report violations. The… Read More »

Free Speech at Work

We all know that we sometimes need to be careful what we say at work, but when does an employer firing someone for expressing an opinion run afoul of the law? The fact of the matter is that employers have fairly broad latitude for terminating or dismissing employees who are critical of employer policies or… Read More »

So You Filed a Discrimination Lawsuit. Now What?

It takes strength and courage to file a discrimination suit against your employer. Even if you were a witness in the case or just involved in another way, it’s not easy. You could become a target for retaliation. Retaliation happens if your employer takes action against you in some way because you participated in a… Read More »

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Derek Smith Law Group, PLLC
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