News & Analysis as of

Retaliation

Operationalizing Compliance: Part III – Human Resources

by Thomas Fox on

This week I am engaging in a week-long series on how a Chief Compliance Officer (CCO) or compliance practitioner might think about operationalizing a compliance program with other corporate functions and disciplines. I am...more

California Federal Court Upholds $8 Million Jury Verdict In Former General Counsel’s Whistleblower Lawsuit

Recently, a California federal court denied the defendant–employer’s motion for a new trial, upholding the jury’s $7.96 million verdict finding that the Company terminated its former general counsel for reporting alleged...more

Medical Residents and Title IX - What Teaching Hospitals Need to Know

by Baker Ober Health Law on

Last month, Baker Donelson reported the surprise ruling out of the Third Circuit in Jane Doe v. Mercy Medical Center in which the court held that the discrimination and harassment prohibitions of Title IX apply to a private...more

“You’re Fired” Is Not A Good Response To A Report Of Harassment

by Fox Rothschild LLP on

This is not a post about any of the activities of the Trump Administration even though the headline uses his catch phrase. We are taking a break from our multi-part series of commenting on the investigation of Trump’s ties...more

CFTC Revises Whistleblower Rule to Enhance Anti-Retaliation Protection

The CFTC has adopted final amendments to its whistleblower rules that will, among other things, strengthen the CFTC’s anti-retaliation protections for whistleblowers and enhance the process for reviewing whistleblower claims....more

Eight-Figure Jury Award In California Highlights Risks Of Retaliation Claims

by Jackson Lewis P.C. on

A jury in California awarded $22.4 million in punitive damages to a former sales manager of Cardiovascular Systems, Inc., a medical device company, based on a finding that his employer retaliated against him under both the...more

Day 15 of One Month to Better Compliance Through HR-Employment Separation Issues [Video]

by Thomas Fox on

Employment separation and layoffs can present some unique challenges for the compliance practitioner. Employees can use layoffs to claim that they were retaliated against for a wide variety of complaints, including those for...more

EEOC Pulls the Hood Off of Employer’s Attempt to Retaliate against Its Employee

Can an employer force an employee to agree that his complaints have been adequately addressed? On April 26, the EEOC announced that Downhole Technology LLC will pay a former employee $120,000 and provide other relief after it...more

Fox News Lawsuits Highlight Importance of Workplace Culture

by Foley & Lardner LLP on

Employers should take note of the position Fox News is in due to the proliferation of recent lawsuits against the network by numerous current and former employees. To be clear and fair, the lawsuits only involve allegations...more

Social Media Lesson for Employers: Recent $1.5 Million Retaliatory Discharge Verdict

by McNair Law Firm, P.A. on

On May 11, 2017, a federal jury in Charlotte, North Carolina awarded a former fire department employee, Crystal Eschert, a $1.5 million verdict in a retaliatory discharge lawsuit that teaches powerful lessons in today’s...more

4 Retaliation Lessons from Comey’s Firing

by Sherman & Howard L.L.C. on

Regardless of your political views, most will agree that President Trump’s firing of F.B.I. Director James Comey was fraught with potential controversy. Employers can find at least four takeaways from what was, in short, a...more

Sixth Circuit Extends "Cat’s Paw" Liability Theory to FMLA Retaliation Claims

by Littler on

Properly identifying the decisionmaker in an employment discrimination case is important because it is the intent of the decisionmaker that determines whether an adverse employment action was motivated by a discriminatory or...more

Employees in Educational Programs: Expanded Options for Suits

by Akerman LLP - HR Defense on

Employers who are operating educational programs or activities – whether inside or outside educational institutions – take note: a recent court decision adds to a split in the federal appellate courts by allowing employees...more

Antitrust "Whistleblower" Protection Legislation Reintroduced in the Senate

by Baker Donelson on

On April 4, Senator Chuck Grassley (R-IA) introduced S. 807, the "Criminal Antitrust Anti-Retaliation Act of 2017." The legislation, co-sponsored by Senator Patrick Leahy (D-VT), would prohibit employers from retaliating...more

Contractor Execs Not Subject to Individual Whistleblower FCA Claims, Says Federal Judge

by PilieroMazza PLLC on

In a recent Memorandum Opinion, T.S. Ellis, III, U. S. District Judge for the Eastern District of Virginia, has ruled that the retaliation provision of the False Claims Act (“FCA”) does not permit a whistleblower plaintiff to...more

Sixth Circuit Says "Cat's Paw" Theory Applies to FMLA Retaliation Claim

Employers sometimes defend retaliation claims by responding that the person or persons making the adverse employment decision was not aware of the plaintiff’s prior complaint. In the employment discrimination context, the...more

ACA Retaliation: A Ca$e in Point

by Balch & Bingham LLP on

Most EEOC retaliation charges are dismissed if the supporting evidence is flimsy. So why should employers expect ACA retaliation charges to be more costly? Here’s why: Gallas v. The Medical Center of Aurora, DOL...more

Seventh Circuit Court of Appeals Speaks Out on Employment Issues

by Ruder Ware on

Several recent decisions by the Seventh Circuit Court of Appeals have set the tone for court decisions in the employment law field.  The Seventh Circuit Court of Appeals covers a number of states in the Midwest, including...more

Whistleblower’s Ability to Breach Confidentiality Agreement – Do the Ends Justify the Means?

It is common for employers to require employees whose job duties require access to confidential, sensitive, and/or proprietary information to sign confidentiality and/or non-disclosure agreements as a condition of employment....more

Second Circuit Holds NLRB Did Not Err in its Finding that Facebook Posting that Supervisor is a “Nasty Mother F***er” and “F***...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Second Circuit agrees with the Board that the use of profanity in a Facebook post was not “opprobrious enough” to lose the NLRA’s protections and justify the employer’s termination of the employee....more

Peoria’s Green Chevrolet to Pay $65,000 to Settle EEOC Discrimination Suit

Black Employee with Disability Involuntarily Transferred and Fired for Opposing It, Federal Agency Charged - CHICAGO - A Peoria, Ill., Chevrolet dealership will pay $65,000 and furnish other relief to settle a disability...more

The Dialogue: Workplace Complaints and Happy Endings As Rare As Unicorn Frappuccinos?

by Shipman & Goodwin LLP on

The Dialogue — one of more popular recurring posts — returns for the third time. Does that mean the third time’s the charm?...more

Employment Law Navigator – Week in Review: April 2017 #4

by Zelle LLP on

Last week, the EEOC announced that The American Dental Association has agreed to pay $1.95 million to settle retaliation claims. The Association’s former legal counsel and director of human resources alleged that they were...more

Health Care E-Note - April 2017

by Burr & Forman on

An often overlooked and under publicized provision of the False Claims Act (“FCA”) is the retaliatory discharge prohibition. This is probably because retaliatory discharge claims do not grab headlines by winning multimillion...more

Better 4 You Breakfast Settles EEOC Lawsuit for Retaliatory Discrimination

School Meals Provider Will Pay $62,500 to Settle Retaliation Claims and Provide Training to Employees on Retaliation - PHOENIX - A Commerce, Calif.-based company that provides prepared meals to schools has agreed to...more

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