Worker’s Compensation Civil Rights Civil Procedure

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Tennessee: Undocumented Worker Has Standing to Bring Retaliatory Discharge Claim

Tennessee employers take note—undocumented workers who can’t return to work because of their immigration status can still sue you for retaliatory discharge. In a case of first impression, the Tennessee Court of Appeals held...more

Statute of Limitations Waiver in Employment Application Enforceable Against ESL Immigrant, New Jersey Appellate Division Holds

On June 19, 2014, the New Jersey Appellate Division continued recent willingness of New Jersey courts to enforce employment applications that shorten the statute of limitations for employment-related claims, this time...more

California Employment Law Notes - July 2014

"Unauthorized Alien" Who Provided False SSN Can Proceed With Disability Discrimination Lawsuit - Salas v. Sierra Chem. Co., 2014 WL 2883878 (Cal. S. Ct. 2014) Vicente Salas worked on Sierra Chemical's production...more

New Jersey Court Okays Provision in Job Application Reducing Statute of Limitations

In Rodriguez v. Raymours Furniture Co., Inc., No. A-4329-12T3, 2014 WL 2765273 (App. Div. June 19, 2014), New Jersey's Appellate Division upheld a provision in a job application that limited the time in which an employee...more

Missouri Supreme Court Abandons Exclusive Causation Requirement for Worker’s Compensation Retaliatory Discharge Claims

In Templemire v. W&M Welding, Inc., -- S.W.3d -- , (Mo. 2014), No. SC93132, 2014 WL 1464574, the Missouri Supreme Court threw out its long-held interpretation of section 287.780, RSMo requiring a plaintiff in a worker’s...more

Employers Beware: Missouri Supreme Court Heightens the Risk of Dismissing Employees Who Filed Workers Compensation Claims

The Missouri Supreme Court recently overruled the long-standing “exclusive” causation standard for worker’s compensation retaliation claims and held that an employee only needs to demonstrate that filing a worker’s...more

Missouri Supreme Court Lowers Employees’ Burden Of Proof In Workers’ Compensation Retaliation Claims

The Missouri Supreme Court expanded rights for injured workers on April 15, 2014, by virtue of its ruling in Templemire v. W&M Welding, Inc., No. SC 93132. Under the court’s new standard, a discharged employee alleging...more

Breaking News: Missouri Supreme Court Abandons "Exclusive Causation" Standard For Workers' Compensation Retaliation

The Missouri Supreme Court ruled Tuesday that plaintiffs claiming workers' compensation retaliation need only prove that their workers' compensation claims were a "contributing factor" to any adverse employment action. The...more

Workers' Compensation Board Appellate Division Updates

Handicapped-accessible housing as a "physical aid" under 39-A M.R.S. § 206(8) - In Chapman v. VIP, Inc., Me. WCB App. Div. No. 14-9 (March 10, 2014), at issue was the payment of rent premium due to an asserted need for...more

California Employment Law Notes - May 2013

Kenneth Hatai sued his employer (CalTrans) and his supervisor (Sameer Haddadeen), alleging discrimination based on his Japanese ancestry and the fact that he was not of Arab ancestry like Haddadeen. The case was tried to a...more

Employment Law Newsletter: April 2013

Post-Brinker Meal Break Decisions on Class Certification De-Published by California Supreme Court - We have previously reported on the California Supreme Court’s decision in Brinker Restaurant Corp. v....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

Workers' Compensation Appeals Board Has Exclusive Jurisdiction To Adjudicate Claims For Discrimination Based On Filing A Workers'...

In Dutra v. Mercy Medical Center Mt. Shasta (--- Cal.Rptr.3d ----, Cal.App. 3 Dist., September 26, 2012), a California Court of Appeal considered whether a lawsuit alleging that an employee had been wrongfully terminated due...more

Fenwick Employment Brief - March 13, 2012

In this issue: Attack On Outside Sales Exemption Could Not Be Litigated As Class Action; Individual Supervisor May Be Liable For Fmla Violation; NLRB New Poster Regulation Upheld In Part; New FMLA Regulations Expand Scope...more

Frederick Place Chambers Employment Law Newsletter

This is the first newsletter published by Frederick Place Chambers. It is intended that this should be a monthly publication, with the aim of keeping clients and fellow professionals up to date with recent developments in...more

Worker Recovers Lost Wages and 4-Yr College Degree

Based in part on testimony provided by the retraining specialist and our client’s earlier transcripts from Joliet Junior College showing she already had 55 semester credits, the arbitrator agreed that she was, in fact, an...more

Heater v. Impro

Defendant's Memorandum of Law in Support of Motion for Summary Judgment

Brief I filed supporting Motion for Summary Judgment (with names changed and certain confidential information removed)...more

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