SOLVING UNFAIR OR DANGEROUS EMPLOYMENT CONDITIONS

November 2, 2010

Is There a Wrong or Right Way to Complain?

Kevin Kasten says he complained to his employer Saint-Gobain Performance
Plastics Corporation about an improper location of the company time clock
and that the company illegally retaliated against him as a result.

Saint-Gobain says it could not have retaliated against Kasten as his protest
was only verbal, not written, and thus did not count as a "complaint."

After the local court decided for the employee and the appeals court decided
for the employer, the Supreme Court of the United States will have the final
say. The highest court's decision could deeply impact how employees complain
and how employers and HR managers respond to such concerns.

The problem comes from apparent contradictions in the law. The original 1938
federal Fair Labor Standards Act established that any communication from an
employee to a supervisor about possible violations was a "complaint" that
gave the U.S. Department of Labor authority to investigate. Later laws
specified that such complaints must be made in writing.

For more information and updates on Kasten v. Saint-Gobain Performance
Plastics Corporation, including audio of the recent oral arguments, check
out the official Supreme Court website.