Hiring & Firing, Retaliation | JD Supra Law News

EEOC Holds Both Staffing Firms and Staffing Clients Responsible Under EEO Laws

by Martha J. Zackin | Mintz Levin - Employment, Labor & Benefits on 4/25/2013

Recently, the EEOC filed a lawsuit against Hire Dynamics, a staffing firm. According to the complaint, after a Hire Dynamics employee filed a charge of discrimination against one of its clients, the staffing firm retaliated...more

Hire Dynamics Sued by EEOC for Retaliation

by U.S. Equal Employment Opportunity Commission... on 4/24/2013

Federal Agency Charges Staffing Company Stopped Giving Work to Employee Because He Filed EEOC Charge - ATLANTA - Hire Dynamics, LLC, a major staffing and professional recruitment company headquartered in Duluth, Ga.,...more

Amended North Dakota Law Provides Greater Job Protection For Certain Emergency Responders

by Melissa Burdorf | XpertHR - Partnered with LexisNexis on 4/16/2013

Effective August 1, 2013, North Dakota employers of voluntary emergency responders may not take unfavorable employment action - such as terminate, demote or discriminate - against employees who are on leave for more than 20...more

EEOC Sues Wal-Mart for Sexual Harassment, Retaliation and Disability Discrimination

by U.S. Equal Employment Opportunity Commission... on 4/12/2013

Developmentally Disabled Walmart Employee in Akron Store Fired for Complaining About Sexual Touching, Federal Agency Charges - CLEVELAND - Wal-Mart Stores East, L.P. violated federal law by allowing a male employee...more

Twitter: Employee Who Complained about Sexual Harassment via Twitter Fired

by Martha J. Zackin | Mintz Levin - Employment, Labor & Benefits on 4/9/2013

Adria Richards is a self-described “endlessly enthusiastic technology evangelist.” While attending a large technology conference in Santa Clara, California, Ms. Richards overheard two men sitting behind her making a series...more

Landau Uniforms Settles EEOC Pregnancy Discrimination Suit for $80,000

by U.S. Equal Employment Opportunity Commission... on 4/9/2013

Health Care Clothing Manufacturer Fired Employee Due to Pregnancy, Federal Agency Charged - OXFORD, Miss. Landau Uniforms, Inc., a Mississippi-based company that manufactures and distributes medical scrubs and other...more

District of Colorado Expansively Construes Protected Activity Under Dodd-Frank, But Finds No Causation

by Harris M. Mufson, Steven J. Pearlman, Daniel Saperstein | Proskauer - Whistleblowing & Retaliation on 4/5/2013

The U.S. District Court for the District of Colorado followed a trend of decisions concluding that a plaintiff need not have provided the SEC with information regarding alleged federal securities law violations to pursue a...more

Retaliation and Whistleblower Claims by In-House Counsel

by Jeanne Barber, Edward Ellis, Linda Jackson, Earl (Chip) M. Jones III, Gregory Keating, Allan King, Patricia Martin, Amy Mendenhall, Roberta Ruiz | Littler on 4/1/2013

In This Issue: - Whistleblower protections and in-House Counsel - Sarbanes-oxley - The Dodd-Frank Act - The False Claims Act - Common Law Wrongful Discharge Claims - The Ethical...more

East Coast Waffles Settles EEOC Lawsuit for Retaliation

by U.S. Equal Employment Opportunity Commission... on 3/29/2013

Federal Agency Charged Restaurant Fired Employee for Complaining About Customer Harassment - TAMPA, Fla. - East Coast Waffles, Inc., an Atlanta-based company which owns and operates more than 100 Waffle House...more

Employee Could Proceed With Whistleblower Claims

by Anthony Oncidi | Proskauer - California Employment Law on 3/28/2013

Brian McVeigh, a former Operations Supervisor for Recology, alleged Recology fired him in retaliation for his reporting possible fraud in connection with California Redemption Value payments made by and to Recology for...more

Retaliatory Discharge Under Illinois Law: “Public Policy” Strictly Interpreted Once Again

by Harris M. Mufson, Steven J. Pearlman | Proskauer - Whistleblowing & Retaliation on 3/28/2013

An Illinois state court of appeals recently held that the Cook County Department of Public Health (“Cook County”) was not liable for common law retaliatory discharge because plaintiff/appellant failed to identify a cognizable...more

Store Manager’s Disability And Harassment Claims Were Properly Dismissed

by Anthony Oncidi | Proskauer - California Employment Law on 3/27/2013

Cynthia Lawler alleged disability discrimination, harassment, retaliation and intentional infliction of emotional distress (“IIED”) associated with the termination of her employment. The district court granted summary...more

Court Dismisses Safety-Reprisal Complaint Related To Family Dispute

by Adrian Miedema | Dentons on 3/27/2013

An employee who claimed that he was dismissed after sharing his concerns about the well-being of himself and his children and the “lifestyle of their mother”, has been denied a remedy under the safety-reprisal provisions of...more

EEOC and Grand Central Partnership to Pay $135k to Settle EEOC Lawsuit for Retaliation

by U.S. Equal Employment Opportunity Commission... on 3/8/2013

Developer Fired Rastafarian Who Complained About Threat of Violence, Federal Agency Charged - NEW YORK - Grand Central Partnership, Inc. will pay $135,000 and furnish other relief to settle an employment...more

ObamaCare’s Whistleblower Protections Go Into Effect

by Peter Felsenfeld | Barger & Wolen on 3/1/2013

Though President Obama and Congress established broad requirements in the Affordable Care Act (aka ObamaCare), they tasked federal agencies with filling in myriad blanks regarding implementation. The agency rules that are...more

EEOC Wins Second Victory Against RadioShack in Retaliation Case

by U.S. Equal Employment Opportunity Commission... on 3/1/2013

55-Year-Old Manager Fired Days After He Complained About Age Discrimination; Awarded $675,000 Judgment - DENVER - The U.S. Equal Employment Opportunity Commission (EEOC) won another victory in federal court in...more

EEOC Sues Prestige Transportation Service for Pattern and Practice of Hiring Discrimination

by U.S. Equal Employment Opportunity Commission... on 2/28/2013

Company Refused to Hire Black Applicants, Federal Agency Charged - MIAMI - A Miami transportation company violated federal law by subjecting African-Americans to race discrimination, U.S. Equal Employment Opportunity...more

Eleventh Circuit: Liquidated Damages For FLSA Retaliation Discretionary, Not Mandatory

by Steven J. Pearlman, K.M. Zouhary | Proskauer - Whistleblowing & Retaliation on 2/25/2013

The Eleventh Circuit joined the Sixth and Eighth Circuits in holding that liquidated damages awards for FLSA retaliation claims are discretionary, not mandatory. Moore v. Appliance Direct, Inc., No. 11-cv-15227 (11th Cir....more

Employee Is Protected By Whistleblower Provisions Of The Labor Code When He Or She Reports Illegal Conduct By A Fellow Employee

by Laura Izon Powell, Bruce A. Scheidt, Kristianne Seargeant, David W. Tyra | Kronick, Moskovitz, Tiedemann & Girard on 2/19/2013

A terminated employee brought claims against his former employer for wrongful termination in violation of the California False Claims Act (“CFCA”), public policy, and the whistleblower protections provided by the Labor Code. ...more

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Hiring & Firing › Retaliation