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Retail Industry Update, No. 2, June 2013: Handling Misconduct By (Someone Else's) Employees

In “Legally Blonde,” Reese Witherspoon’s hairdresser catches the eye of her crush, the sexy delivery driver. In spite of starting with an awkward misfire with the hairdresser smacking the delivery driver in the nose, the...more

Recent Development on Corporate Liability in U.S. Courts for Conduct Outside the United States

This week the U.S. Supreme Court issued its much-awaited decision in Kiobel v. Royal Dutch Petroleum Co., which addressed the question of whether a federal court may recognize a cause of action under the Alien Tort Statute...more

The Final Breaths of the Alien Tort Statute

On April 17, 2013, the Supreme Court decided Kiobel v. Royal Dutch Petroleum. For all intents and purposes, the decision eliminates use of the federal Alien Tort Statute ("ATS") as an employment law weapon to be used against...more

Employee’s Wrongful Termination And Defamation Claims Were Properly Dismissed

John McGrory alleged his employment was terminated because he is male and because he participated in his employer’s internal investigation. He also alleged defamation associated with a statement the vice president of human...more

Sexual Assault Victim’s Motion To Strike Supervisor’s Defamation Claim Was Properly Granted

Lisa Aber sued her employer and two co-employees (Michael Comstock, Aber’s supervisor, and James Cioppa) for sexual harassment and sexual battery, among other things. Comstock filed a cross-complaint against Aber in which he...more

Protecting the Workforce from Violence

Tragic acts of violence have taken over our headlines and can destroy not only lives, but businesses. With the rise in reported gun violence, the numerous recent tragedies around the country and continued economic troubles...more

Milwaukee Common Council President Proposes Change In Way Milwaukee Police Department Chief Is Hired

Currently the City of Milwaukee Fire and Police Commission (“FPC”) hires the Chief of the Milwaukee Police Department (“MPD”). Recently, several high-profile incidents, such as the death of Derek Williams in MPD custody and...more

No Disability Discrimination Where Employee Cannot Competently Perform Job, Ninth Circuit Holds

In Lawler v. Montblac North American LLC, the plaintiff, Cynthia Lawler, a store manager at a boutique retail store, was diagnosed with psoriatic arthritis. Lawler initiated the action after Defendant employer terminated her...more

No Negligent Hiring For Sexual Assault Where Employee’s Prior Misconduct Was Improper But Not Sexual In Nature, New Jersey...

In Gargano v. Wyndham Skyline Tower Resorts, a manager of a cleaning services company assigned to a Wyndham casino sued Wyndham for negligent hiring after she was sexually assaulted by a Wyndham employee. 2012 WL 5388949...more

Supervisors and Managers May Be Personally Liable for Wrongful Discharge

In a case of first impression, the Supreme Court of Virginia declared on November 1, 2012, that a supervisor can be personally liable when the supervisor participates in the wrongful discharge of an employee. This case,...more

Labor Letter - November 2012

In This Issue: - Preventing Off-Duty Employee Access By Reyburn Lominack and Matthew Korn (Columbia): Many employers prohibit off-duty employees from accessing the workplace. This is particularly true of employers...more

California Workers' Compensation Statute Held Not to Support a Common Law Tort Claim

California Labor Code section 132a, the anti-retaliation provision of the state workers' compensation statute, has commonly been used to support a tort claim for wrongful termination in violation of public policy. Plaintiffs...more

Labor Letter - September 2012

In This Issue: - When “Let’s Keep It Quiet” Is An Unfair Labor Practice By Ray Haley (Louisville): On July 30, 2012, the National Labor Relations Board (NLRB) issued a bad decision for any employer that expects...more

Employee Fired for Having Breast Cancer

Employers can terminate workers for many reasons, but firing a woman with breast cancer while she’s in the hospital is barbaric. At least one federal judge agrees. Chief U.S. District Judge David R. Herndonon on August 1...more

Ohio Joins Handful of States that Offer Tort Liability Protections for Businesses that Hire and Employ Rehabilitated Ex-Offenders

In enacting protections from tort liability for negligent hiring and retention claims for businesses that hire and employ rehabilitated ex-offenders, Ohio joins a handful of other states that are introducing such measures to...more

Failure to Issue Litigation Hold Is Not Necessarily Gross Negligence, Second Circuit Holds

In a decision that will surprise some, the U. S. Court of Appeals for the Second Circuit recently held in Chin v. Port Authority that the failure to issue a litigation hold is not gross negligence per se. This decision runs...more

Frederick Place Chambers Employment Law Newsletter

Stay up to date with current case law, opinion and Chambers news, all in a handy newsletter!...more

Editor’s Choice: Top Five Legal News Stories of the Day

Here are some news items we thought would interest you. • Parents win record-setting $150 billion over son’s injuries, death. For Robert Ray “Robbie” Middleton, the fun and happiness that comes with a birthday didn’t...more

Weekly Law Resume - December 1, 2011: Sporadic Incidents of Alleged Sexual Conduct Insufficient to Create a Hostile Work...

Stephanie Brennan v. Townsend & O'Leary Enterprises, Inc., et al. Court of Appeal, Fourth District (October 18, 2011) In this case, the Court of Appeal held that judgment for an employer was proper where the plaintiff...more

Editor's Choice: Top Five Legal News Stories of the Day - November 21, 2011

Here are some news items we thought would interest you... • Lab may have to pay for mistakes in genetic testing and "wrongful birth." Married couple Seema Khadim and Sultan Zeb both carry the thalessemia beta trait, a...more

Weekly Law Resume - September 12, 2011 - Employment Law — Admissibility Of "Me Too" Evidence

Lorraine Pantoja v. Thomas J. Anton, et al. Court of Appeals, Fifth District (August 9, 2011) Under California Evidence Code section 1101, "character" evidence relating to a person's character or character trait is...more

U.S. Supreme Court Expands Cat’s Paw Theory of Liability in Discrimination Cases

In a decision authored by Justice Antonin Scalia, the U.S. Supreme Court issued a decision today in Staub v. Proctor Hosp. (Mar. 1, 2011, No. 09-400) 562 U.S. ____ [2011 U.S. LEXIS 1900], holding that an employer may be...more

Trade Unions a brief history

A brief (and incomplete) time line of labour laws and trade unions in the UK....more

EMPLOYERS BEWARE! Questioning an Employee Concerning Potential Misconduct May Lead to Claims of False Imprisonment

This is a summary of how a claim of false imprisonment can arise from the investigation of employee misconduct and some practical tips for every employer. ...more

McGhee v. Pathmark Stores, Inc.

New Jersey Appellate Division denies defendants' motion for leave to Appeal Order Denying Compelled Psychiatric Evaluations of...

New Jersey Appellate Division denies defendants' motion for leave to file an Interlocutory appeal of Trial Court's Order Denying Compelled Psychiatric Evaluations and Psychological Testing of Racial Harassment Plaintiffs...more