From the Start, Key Case Law Updates & Strategies

July 27, 2011
New York, NY

Lawrence Peikes, Partner, Wiggin and Dana

The Surge in Retaliation Claims: Where have we been and what can we expect?

  • Assessing the case law and where its heading
    - Burlington Northern v. White
    - Thompson v. North American Stainless
    - Crawford v. Metropolitan Government
    - "Cat's paw theory" – Straub v. Proctor Hospital

  • Examining the standards on a case-by-case basis
  • Anticipating how far the "3rd party protection" will extend
  • Understanding the contours of "adverse action"-
    - how to steer clear of behavior that may be spun as retaliatory

Key strategies on trying and defending retaliation cases

  • Overcoming challenges inherent to a case where protected activity and adverse action are not disputes
  • Taking on cases when the underlying claim proved false after further investigation
  • Defending against claims used solely to gain protected status

Sound policies, practices and strategies in minimizing the risk of retaliation claims

  • Key elements in training supervisors and managers
  • Tips in conducting internal investigations of retaliation claims 
  • What is a truly "independent investigation" after Straub v. Proctor Hospital