Divided panel overturns award to worker who claimed retaliation

This article discusses the 2nd Circuit’s Oct. 31, 2011 decision addressing the question of whether close scrutiny of an employee after he filed a complaint constituted a materially adverse action. Littler Mendelson attorney Gregory Keating provides perspective and advises employers to establish a protocol on how to proceed whenever an employee files a retaliation or whistleblower claim, and conduct training for supervisors.

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