Termination, Retaliation | JD Supra Law News

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

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

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

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

District Court Widens Split On Whether Complaints Of Alleged Future Misconduct Are Protected

by Noa Baddish, Harris M. Mufson, Steven J. Pearlman | Proskauer - Whistleblowing & Retaliation on 2/18/2013

The U.S. District Court for the Central District of California ruled that a SOX whistleblower complaint survived a Rule 12(b)(6) challenge on “reasonable belief” grounds and found that complaints of potential future...more

Rising Retaliation Claims Reveal Need For Improved Employer Termination Procedures

by Michael C. Jacobson | XpertHR - Partnered with LexisNexis on 2/13/2013

According to the Equal Employment Opportunity Commission (EEOC), retaliation claims rose again in fiscal year 2012, the sixth year in a row. Given the costly and time-consuming nature of an EEOC investigation and lawsuit,...more

BASF Corporation to Pay $500,000 to Settle EEOC Retaliation Lawsuit Against Cognis

by U.S. Equal Employment Opportunity Commission... on 2/5/2013

Employees Were Forced to Sacrifice Their Civil Rights or Their Jobs, Agency Charged - URBANA, Ill. - BASF Corporation will pay $500,000 to settle a retaliation lawsuit filed by the U.S. Equal Employment Opportunity...more

Washington Court Weighs in on Privilege Waiver & What Is Opposition Activity

by Thomas Holt | Littler on 2/4/2013

In Lodis v. Corbis Holdings, Inc., No. 67215-1-I (Wash. Ct. App. Jan. 14, 2013), the Washington State Court of Appeals has helped clarify what has become a contentious issue in employment litigation, ruling that "when a...more

Employee Was Properly Terminated For Lying And Failing To Cooperate During Company Investigation

by Tracey Fagelbaum | Proskauer - California Employment Law on 2/4/2013

John McGrory sued his former employer, alleging he was unlawfully retaliated against for being uncooperative and deceptive during a company investigation into allegations that he had discriminated against a subordinate...more

Kintetsu International Express to Pay $77,500 to Settle EEOC Disability Harassment, Retaliation Suit

by U.S. Equal Employment Opportunity Commission... on 2/4/2013

Supervisor Constantly Degraded Tour Coordinator with Arthritis, Then Forced Her and Co-Worker Out for Reporting Harassment, Federal Agency Charged - HONOLULU, Hawaii - Kintetsu International Express (USA), Inc. - a...more

Supreme Court Asked To Decide If Retaliation Claims Require New Administrative Charge

by Michael Graham, Steven J. Pearlman | Proskauer - Whistleblowing & Retaliation on 2/1/2013

On January 8, 2013, the U.S. Supreme Court was petitioned to rule on whether employees must file a new or amended charge to pursue an employment retaliation claim arising from an initial Title VII discrimination charge....more

Cappo Management to Pay $85,000 to Settle EEOC Retaliation Lawsuit

by U.S. Equal Employment Opportunity Commission... on 2/1/2013

Victory Nissan of Dickson Fired Employees for Protesting Sexual Harassment, Federal Agency Charged - NASHVILLE, Tenn. - Cappo Management, Inc., a Tennessee Corporation and automobile dealership doing business as...more

Why Must Employers Train Their Managers About The FMLA? Here Are 1.2 Million Reasons Why

by Jeff Nowak | Franczek Radelet P.C. on 1/31/2013

I came across an interesting FMLA case this past week, and the facts are simple enough that it kept my attention. [In the age of Twitter and Facebook, anything beyond a 30-second sound byte and you might as well give me a...more

Hitting a Gift Horse in the Mouth?

by Kelly Scott | Ervin Cohen & Jessup LLP on 1/31/2013

A former employee of the American Humane Association (AHA), Barbara Casey, has filed a lawsuit alleging that she was wrongfully terminated after complaining that some of the animals on the HBO show “Luck” were abused during...more

Terminating an Employee on the Heels of an FMLA Request: A Court Offers Some Guidance on Doing It Legally

by Anne Yuengert | Bradley Arant Boult Cummings LLP on 1/30/2013

A problematic employee is teetering on the brink of termination and suddenly requests FMLA leave. Do you terminate him for cause or grant the FMLA leave and give him another chance to avoid the retaliation claim? What if he...more

Home

Legal News

Find a Lawyer

Browse Subjects

Subscribe

Pro Services

For Reporters

Termination › Retaliation