Appeals Wrongful Termination

News & Analysis as of

Employer Policy Failure Precludes Summary Judgment on Discrimination Claim

Seyfarth Synopsis: California Court of Appeal reverses a summary judgment for an employer that failed to follow its own policy regarding layoffs. Moore v. Regents of the University of California serves as a reminder to...more

Employment Law - June 2016 #2

California Considers Extending Fair Pay Act to Race, Ethnicity - Why it matters - Reflecting the nationwide trend of pay equity, a new bill under consideration by California legislators would extend the state's Fair...more

The Final Word? The Ontario Court of Appeal upholds an astounding 10 years of back pay and employee reinstatement

Readers of this blog may recall reading in 2014 about the Ontario Divisional Court upholding the Ontario Human Rights Tribunal’s order for 10 years of back pay and employee reinstatement. The decision was reached in the case...more

Update Your Employee Termination Review Checklist

On March 8, 2016, the Oklahoma Supreme Court significantly expanded the reach of the infamous Burk public policy wrongful discharge tort claim in Moore v. Warr Acres Nursing Center, LLC, 2016 OK 28. Here’s the key takeaway...more

California Court of Appeals Approves Electronic Signatures on Arbitration Agreements 

It has become increasingly common for companies to have new employees sign important documents – including contracts and arbitration agreements – using electronic signatures. In light of this fact, some employers have...more

California Court Imposes Duty to Accommodate Non-Disabled Employees Associated With Disabled Persons

On April 4, 2016, a California Court of Appeal set new precedent in Castro-Ramirez v. Dependable Highway Express, opining that the California Fair Employment and Housing Act (FEHA) may require employers to reasonably...more

Dependent Contractors Awarded 26 Months’ Reasonable Notice

Dependent contractors are becoming an increasing portion of the working population, and an Ontario court recently confirmed that protections available to them are at the top end of the scale. In the case of Keenan v....more

Employee terminated despite manual’s assurances against retaliation

It is often said that “a promise is a promise,” but what does that adage mean? A promise is a statement or declaration that a person will or will not do something. In most cases, a promise is not enforceable under the law...more

When In Doubt Pay The Fee – Court Holds Lifting of Litigation Stay for Failure to Pay Cost of Arbitration is Not Appealable

On February 11, 2016, the Court of Appeal for the Second Appellate District in Amparo Gastelum v. Remax International, Inc., et al. (Court of Appeal B263213, Superior Court Case No. BC515487), held a trial court’s order...more

California Court of Appeal Rules in Favor of Nurse in Wrongful Termination Lawsuit

In Nosal-Tabor v. Sharp Chula Vista Medical Center, a recent California Court of Appeal decision, Plaintiff Karen Nosal-Tabor, a registered nurse and former employee of defendant Sharp Chula Vista Medical Center (Sharp), sued...more

Court “Likes” NLRB’s determination that Facebook posts are protected under the NLRA

The Second Circuit Court of Appeals recently upheld the National Labor Relations Board’s (NLRB) decision that employees’ Facebook posts are protected by the National Labor Relations Act (NLRA). Three D, LLC d/b/a Triple Play...more

The benefits of an appeal or review committee

Retaliation claims are some of the most common employment-based claims that employers face. In 2014, the number of retaliation claims filed with the Equal Employment Opportunity Commission reached a record high – 37,955...more

Labor & Employment News: Facebook: Second Circuit "Likes" Employee Rights Under the NLRA

Employers should continue to proceed with caution before disciplining employees for their Facebook activity. In Three D, LLC d/b/a Triple Play Sports Bar and Grille v. NLRB, the Federal Appeals Court for Connecticut, New York...more

BRING-YOUR-GUN-TO-WORK-DAY? . . . . MAYBE! Swindol v. Aurora Flight Sciences Corporation

Robert Swindol brought his gun to work . . . kind of. He parked his car in the Aurora Flight Services parking lot with his firearm locked inside. Aurora’s mangers learned about the firearm and fired Swindol that day for...more

South Carolina Supreme Court Finds Employee Cannot Sue for Breach of Contract and Wrongful Discharge

As with most states, South Carolina recognizes an exception to its general employment at-will doctrine. Employers may terminate employees with or without cause, but not for any reason that violates the state’s public policy....more

NJ Appellate Division Reiterates Requirement That Arbitration Agreements Must Be Clear and Unambiguous To Be Enforceable

In two unrelated yet similar cases, the Superior Court of New Jersey, Appellate Division reiterated the requirements that arbitration provisions in employment agreements must be unambiguous, written in clear language, and...more

Second Circuit Splits With Fifth Circuit Setting Up Possible Supreme Court Review: Are Internal Whistleblowers Protected Under...

On September 10, 2015, a divided panel of the Second Circuit issued an opinion in Berman v. Neo@Ogilvy LLC, No. 14-4626 (2nd Cir. Sept. 10, 2015), creating a split with the Fifth Circuit on an issue that has also divided...more

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

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

“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

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

California Employment Law Notes - July 2015

Employee's Inability To Work For A Particular Supervisor Does Not Constitute A "Disability" - Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) - Michaelin Higgins-Williams worked as a clinical...more

Employment Law - July 2015

The Impact of National Same-Sex Marriage for Employers - Why it matters: How will employers feel the impact of the U.S. Supreme Court’s decision in Obergefell v. Hodges? The landmark ruling that the Fourteenth...more

Retaliation in the Fourth Circuit: Recent Decision Creates New Challenges for Employers

In May 2015, the Fourth Circuit Court of Appeals (which has jurisdiction over federal courts in Maryland, West Virginia, Virginia, North Carolina, and South Carolina) issued an opinion with negative consequences for employers...more

Fourth Circuit Affirms Continued Validity of McDonnell-Douglas Test Following Supreme Court Decision

In Foster v. University of Maryland-Eastern Shore, the Fourth Circuit recently made clear that the McDonnell-Douglas test is alive and well, rejecting a District Court’s decision which had attempted to back away from the...more

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