Wrongful Termination

News & Analysis as of

New Jersey Appellate Division Rules that Nurse’s Termination Based On Her Physical Limitations Could Violate The NJLAD

On August 28, 2015, the Superior Court of New Jersey, Appellate Division in Grande v. Saint Clare’s Health System, reversed the decision of the trial court granting summary judgment to the defendant finding that plaintiff’s...more

SEC: It Doesn't Matter Where You Blow the Whistle

Why it matters - In a new rule interpretation, the Securities and Exchange Commission (SEC) declared that whistleblowers that report allegedly unlawful activity internally are entitled to the same protections as those...more

Religious Discrimination: Do Not Count On The Rosary

On August 20, 2015, the U.S. Court of Appeals for the Fifth Circuit held that a plaintiff could not prevail on a Title VII religious discrimination claim if there was no evidence the employer knew that the plaintiff refused...more

Texas Oil Field Services Company Pays $30,000 to Settle EEOC Retaliation Suit

Only Female Roustabout Fired for Reporting Sexual Harassment, Agency Charged - DALLAS - An Iraan, Texas oil field construction and services company will pay $30,000 and furnish other relief to settle a retaliation...more

Are FCA Retaliation Claims Against Supervisors, Executives Viable?

When the False Claims Act (FCA) retaliation provision was amended in 2009, the amendment was not explicit as to whether plaintiffs could only recover for retaliation claims against companies, or whether plaintiffs also could...more

FMLA Eligible or Not Eligible … That is the Question

The easiest part of handling a Family and Medical Leave Act (FMLA) situation is determining at the outset whether the employee is eligible for FMLA protections, right? Not so fast. Recent cases have added the seemingly simple...more

The Court Weighs In: Termination for Social Media Misconduct

Over a decade had passed since Ellen Simonetti, dubbed the “Queen of the Sky” was fired by Delta Air Lines after her infamous “Diary of a Dysfunctional Flight Attendant” blog. Simonetti wasn’t fired simply for blogging about...more

Employment Law Commentary - Volume 27, Issue 8, August 2015

The extent of an employer’s duty to provide reasonable accommodations to employees with mental impairments can be difficult to discern, especially in where an adverse action is taken in connection with conduct that is caused...more

Creed and Association: Breach of Human Rights Leads to Harsh Penalties

The decision in H.T. v ES Holdings Inc. o/a Country Herbs (“Country Herbs”) 2015 HRTO 1067 (CanLII) (“Country Herbs”) serves as a reminder to employers of the significant liability that they face when a claim of...more

Downriver Community Services Fired Counselor Because of Disability, EEOC Charged in Suit

Employer Refused to Make Accommodation for Herniated Disc, Federal Agency Said - DETROIT - A New Haven, Mich.-based provider of community health services violated federal law by denying a reasonable accommodation to,...more

“You quit!” “No I Didn’t, I’m Sick!”

In Betts v. IBM Canada Ltd., the Court was faced with a dispute between Mr. Betts, who claimed he was legitimately absent from his employment due to illness, and his employer IBM, which claimed that Mr. Betts effectively...more

Yuma-Area Health Center to Pay $50,000 to Settle EEOC Retaliation Lawsuit

Regional Center for Border Health Fired Employee Because She Complained About Sexual Harassment, Federal Agency Charges - PHOENIX - The U.S. Equal Employment Opportunity Commission ("EEOC") today announced the settlement...more

New Jersey District Court: Dodd-Frank Protects Internal Whistleblower

Further reflecting the divide amongst courts regarding the definition of “whistleblower” under the Dodd-Frank Act, the District Court of New Jersey recently held that an employee who internally reports an alleged securities...more

Has the Fifth Circuit Opened the Door for Potential Liability of Staffing Companies?

In Burton v. Freescale Semiconductor Inc. and Manpower of Texas, LP, No. 14-50944, — F.3d —-, 2015 WL 4742174 (5th Cir. Aug. 10, 2015), the Fifth Circuit reversed the district court’s grant of summary judgment for two...more

National Federation of the Blind Sued for Religious Discrimination by EEOC

Advocacy Group Terminated an Employee because He Would Not Work on the Sabbath, Federal Agency Charged - BALTIMORE - The National Federation of the Blind, the largest organization of blind and low-vision people in the...more

Arthur's Restaurant & Bar Will Pay $20,000 to Settle Pregnancy Discrimination Suit

Dallas Suburb Steakhouse Fired Employee Due to Pregnancy, Federal Agency Charged - DALLAS - Arthur's Restaurant and Bar, a fine dining steakhouse and lounge in Addison, a suburb of Dallas, will pay $20,000 to a former...more

EEOC Sues Loafers Lounge for Pregnancy Discrimination

Restaurant Terminated Pregnant Server, Federal Agency Charges - BALTIMORE - Avalona Enterprises, Inc., doing business as Loafers Lounge in Catonsville, Md., violated federal law when it fired a server because she was...more

How Not To Write An Employment Agreement Arbitration Clause: Court Of Appeal Rejects One Sided Clause As Procedurally And...

In Carlson v. Home Team Pest Defense, Inc. (Ct. of Appeal A142219), published August 17, 2015, the Court of Appeal held that an employer’s arbitration clause which allowed only the employer to file lawsuits for certain...more

Tempe Restaurant Sued by EEOC for Pregnancy Discrimination

Moonshine Whiskey Bar Removed Pregnant Bartender From Her Duties, Federal Agency Charged - PHOENIX - The Moonshine Group, LLC, owners of the Moonshine Whiskey Bar in Tempe, Ariz., violated federal law by removing a...more

U.S. construction companies and manager face fines of nearly $2 million for exposing workers to asbestos

The U.S. Occupational Safety and Health Administration (OHSA) has cited a construction company and its manager for asbestos-related violations and imposed fines of almost $2 million.  Safety regulators are increasingly taking...more

Fourth Circuit Adopts the Joint Employer Test for Title VII Claims

Who's The Boss? - In Butler v. Drive Auto. Indus. of Am., Inc., the Fourth Circuit Court of Appeals (which has jurisdiction over North and South Carolina) joined the majority of federal appellate courts in holding that...more

Oklahoma court tosses negligent training and supervision claims

Former employees and their attorneys have become increasingly creative when it comes to suing past employers. In addition to filing wrongful termination or discrimination lawsuits, discharged employees have sued their former...more

Mississippi HomeCare of Picayune to Pay $100,000 to Settle EEOC Disability Discrimination Suit

Home Healthcare Provider Failed to Provide a Reasonable Accommodation and then Terminated Employee, Federal Agency Charged - BIRMINGHAM, Ala. - Mississippi HomeCare of Picayune, a major home healthcare provider in the...more

Tide of Circuit Courts Finding Paid Suspension Is Not An Adverse Employment Action Grows

In an issue of first impression, the Third Circuit Court of Appeals ruled Wednesday, August 12, that a paid suspension does not constitute an adverse employment action under Title VII, joining the unanimous opinion of the six...more

A Cruise Aboard the Love Boat is Not Protected by the FMLA, Even When the Doc Says It's a Good Idea

This post has nothing to do with Netflix and its new, generous parental leave policy. Or GOP presidential candidate Carly Fiorina’s latest position on paid leave. Sorry to disappoint. But it does involve an exotic...more

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