Evidence, Wrongful Termination

I’m Listening: BC Appeal Court Confirms that Secretly Recording Colleagues Constitutes Just Cause

Stikeman Elliott LLP on 12/11/2023

In Shalagin v. Mercer Celgar Limited Partnership, 2023 BCCA 373 (“Shalagin”), the British Columbia Court of Appeal affirmed that surreptitiously recording fellow employees may constitute just cause....more

New Hampshire Supreme Court Vacates Arbitration Award Based on “Plain Mistake” of Law

Carlton Fields on 7/21/2023

The city of Portsmouth terminated a police officer in the wake of a bequest made to the officer by a 92-year-old woman he had met while on duty. The officer had assisted the woman in finding an attorney to draft a new will...more

Fifth Circuit Affirms Dismissal of ADEA Claim Lacking Evidence of Age-Bias

Proskauer - Law and the Workplace on 4/5/2022

On March 11, 2022, the United States Court of Appeals for the Fifth Circuit affirmed summary judgment, dismissing a Texas city employee’s claim that he had been unlawfully terminated from his job because of his age. The Fifth...more

Think your evidence is solid? Jury, judge, and appeals court may disagree

Burr & Forman on 8/16/2018

We’ve often written about the need to have clearly written policies that, once in place, are followed. If a dispute arises and there is any ambiguity in the policies and how the employer interpreted or used them, juries more...more

“Smoking Guns” and Unofficial Rules: A Reminder for Employers

Foley & Lardner LLP on 5/22/2018

If you work in human resources, or are an executive or employment lawyer, at some point you probably have thought, heard or said words to the effect of “Juries are very unpredictable and can do some crazy things.” I admit...more

Texts From Your Ex? Not So Fast- Make Sure To Preserve Your Evidence

Seyfarth Shaw LLP on 2/13/2018

Seyfarth Synopsis: A case out of the District of Oregon recently dismissed a Plaintiff’s sexual harassment and retaliation claims where the allegations relied on manufactured text messages that Plaintiff failed to produce. ...more

Appeals court rules diagnosed mental impairment not proven to be actual disability

McAfee & Taft on 5/16/2017

As many employers know, the ADA Amendments Act of 2008 (ADAAA) broadened the scope of who may be considered disabled under the Americans with Disabilities Act (ADA). Indeed, through the ADAAA, Congress sought to make it...more

Evidence That Younger Employees Violated Company Policy Without Consequences Results in Denial of Summary Judgment

Jackson Lewis P.C. on 2/20/2017

In light of evidence that younger employees committed similar infractions as the plaintiff, and did not suffer significant disciplinary action, an Illinois federal district court denied an employer’s summary judgment motion....more

Kiss Your Retaliation Suit Hello: Company Faces Trial after Changing Explanation for Firing

Zuckerman Spaeder LLP on 10/4/2016

When an employee brings a lawsuit alleging that his employer retaliated or discriminated against him, courts typically assess the claim by using a burden-shifting approach. Under this approach, after the employer offers a...more

Before You Sue: 10 Questions Every Employee Should Ask

Constangy, Brooks, Smith & Prophete, LLP on 11/23/2015

Last week, we talked about 20 things an employer should ask itself before terminating an employee. In the interests of fairness, here are 10 things that an employee should ask before suing an employer. You should know that I...more

California Court Approves Retaliation Protection For Private Police Report

Farella Braun + Martel LLP on 10/7/2015

The California Court of Appeal held last week in Cardenas v. M. Fanaian, D.D.S., Inc. that retaliation claims under California Labor Code § 1102.5 need not be based on a report of employer wrongdoing or promote a fundamental...more

Religious Discrimination: Do Not Count On The Rosary

Seyfarth Shaw LLP on 9/4/2015

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

Evidence › Wrongful Termination

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