Wrongful Termination

News & Analysis as of

Employee investigation tips

Employers investigate all sorts of odd or disturbing claims. Knowing how to properly investigate these claims is critical. A recent case from the Tenth Circuit Court of Appeals put this on full display....more

Media Company Charged with Frat House Atmosphere in Sexual Harassment Suit

A nationwide media company is facing a sexual harassment lawsuit claiming the "adult frat house" culture of its southern California office contributed to multiple instances of sexual harassment by male employees against...more

Jury in EEOC Suit Says Old Dominion Freight Line Must Pay Former Driver $119,612 for Disability Bias

Trucking Company Fired Pickup and Delivery Driver Who Self-Reported Alcohol Abuse, Federal Agency Charged - FORT SMITH, Ark. -- A federal jury has found that Old Dominion Freight Line, Inc., a trucking company...more

EEOC Files Landmark Suits Challenging Transgender Discrimination Under Title VII

For years, it has been widely understood that federal law prohibits employers from making decisions on the basis of certain protected characteristics, such as race, religion, or sex. Historically, the inclusion of “sex” in...more

Employer Fails to Provide Leave of Absence to Probationary Employee, Pays the Price

Adam was a maintenance technician for EZEFLOW, a company which manufactures pipe fittings.  He also was a marine corps veteran who served in both Iraq and Afghanistan. Upon his discharge from the marines, Adam started his...more

California Employment Law Notes - January 2015

$300,000 In Punitive Damages Upheld In Sexual Harassment Case Despite Nominal Damages Award - State of Arizona v. ASARCO LLC, 2014 WL 6918577 (9th Cir. 2014) (en banc). Angela Aguilar who worked in a copper mine...more

EEOC Sues Triangle Catering for Religious Discrimination

Raleigh Company Unlawfully Fired Rastafarian Because He Refused to Remove His Religious Head Covering, Federal Agency Charges - RALEIGH, N.C. - Triangle Catering, LLC, a catering and event planning company based in...more

EEOC Sues DHD Ventures and Affiliated Companies for Racial Harassment and Retaliation

Real Estate Management Company Fired Employees After Complaining About Harassment, Federal Agency Charges - GREENVILLE, S.C. - DHD Ventures Management Company, Inc., a New York-based real estate management company,...more

B.C. Court of Appeal Finds Just Cause to Terminate Manager Over Misuse of Company Property

In Roe v. British Columbia Ferry Services Ltd., the British Columbia Court of Appeal allowed the appeal of a wrongful dismissal case on the basis that the trial judge erred in characterizing the dishonest conduct of an...more

Judge Will Allow Dow Whistleblower to File Wrongful Termination Suit

A federal judge is allowing an ex-fraud investigator for Dow Chemical Co. to pursue a wrongful termination claim. Kimberly Wood, who had worked for 25 years at Dow before the company fired her in October, alleges that the...more

Fifth Circuit Adopts Standard in Disability Cases That Will Make it Harder for Employers to Obtain Summary Judgment

In Equal Employment Opportunity Commission v. LHC Group Inc., the Fifth Circuit Court of Appeals evaluated a trial court’s grant of summary judgment to an employer on an employee’s disability discrimination claims. In...more

Non-Profit Social Service Agency to Pay $309,000 to Settle EEOC Disability Discrimination Lawsuit

Comprehensive Behavioral Health Center Refused To Accommodate Long-Term Employee With Multiple Sclerosis And Denied Her Rehire, Federal Agency Charged ST. LOUIS -- Comprehensive Behavioral Health Center (CBHC), a non-profit...more

Kaufman Children’s Center Sued by EEOC for Disability Discrimination

Disabled Employee Barred from Returning to Work after Medical Leave, Federal Agency Charges - DETROIT - Kaufman Children's Center violated federal law when it terminated an employee with a disability returning to work...more

Baker Wellness Center Illegaly Fired Employee Because of Disability, EEOC Claims in Lawsuit

Company Openly Stated in Termination Letter That It Fired Employee Due to'Medical Problems' After Learning of Her Diabetes, Federal Agency Charges NEW ORLEANS -- Baker Wellness Center, Inc., a Baton Rouge, La., area adult day...more

Year-End Employment Law Roundup — Happy 2015!

Happy New Year, everyone! While I’ve been out for the holidays, the courts and government agencies have stayed busy with employment law matters. Here are the developments that I thought were especially noteworthy...more

California Court Revisits Employer’s Duty to Reasonably Accommodate Disabled Employee Under FEHA

Swanson v. Morongo Unified School District, No. G050290 (November 26, 2014): In a recent unpublished decision, a California Court of Appeal held that a teacher, whose request to teach a particular grade as an accommodation...more

Two California Appellate Decisions Expand the Scope of Tameny Claims Based on Whistleblower Laws

Two significant decisions on whistleblower protections were recently issued by two districts of the California Court of Appeal. Both courts reversed trial court dismissals of claims for wrongful termination in violation of...more

Former St. Petersburg VA Attorney Files Whistleblower Suit

Javier Soto was at one point a Ratings Benefits Services Representative for the St. Petersburg region office of the Department of Veterans Affairs. However, after he released a report that spoke to the “poor, inept and...more

Connecticut Supreme Court Rules That A Lying Police Officer Must be Reinstated Because His Lies Were Not “So Egregious.”

Should a police officer who was terminated for lying to the Town of Stratford’s independent physician about his alcohol abuse and epilepsy be permitted to return pursuant to an arbitration panel’s determination that a...more

Justice Department Files Pregnancy Discrimination Lawsuit against the Chicago Board of Education

WASHINGTON - The Justice Department today announced the filing of a lawsuit against the Chicago Board of Education, alleging that the board discriminated against pregnant teachers at Scammon Elementary School by subjecting...more

Seventh Circuit Finds No ADA Liability for Employer Not Involved in Decisionmaking

Joyce Whitaker began working for Milwaukee County as a corrections officer in 2001. In 2005, she sustained a work-related back injury and subsequently was diagnosed with several related medical conditions. As a result, her...more

Illinois Supreme Court Reaffirms Narrow Scope of Retaliatory Discharge Cause of Action

Last week, the Illinois Supreme Court reaffirmed the principle that retaliatory discharge is a narrow exception to the general doctrine of at-will employment under Illinois law. Unanimously reversing the Fifth District of the...more

Employment Client Alert: Punitive Damages Award in Title VII Sexual Harassment Case Does Not Violate Due Process

In State of Arizona v. ASARCO LLC, WL 6918577, published December 10, 2014, the Ninth Circuit Court of Appeals held that an award of $300,000 in punitive damages did not violate due process even though no compensatory damages...more

EEOC Consent Decree Ends Midway Neurological Pregnancy Discrimination Case

Federal Agency Charged Bridgeview Facility Illegally Fired Pregnant Social Worker - CHICAGO - Midway Neurological & Rehabilitation Center, a provider of short- and long- term medical and rehabilitation care located in...more

Third Circuit Issues First Appellate Decision Compelling Arbitration of Dodd-Frank Whistleblower Claim

In Khazin v. TD Ameritrade, No. 14-1689, 2014 WL 6871393 (3rd Cir. Dec. 8, 2014), the Third Circuit affirmed a lower court’s decision compelling arbitration of a Dodd-Frank whistleblower retaliation claim. This is the first...more

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