News & Analysis as of

Wrongful Termination Common Law Claims

Parker Poe Adams & Bernstein LLP

Employer Justified in Terminating Manager Over Disparaging Mask Mandate Comments

Litigation over employment issues relating to the COVID-19 pandemic is finally reaching the trial and appellate courts. This week, the Tenth Circuit Court of Appeals affirmed dismissal of a lawsuit from a warehouse manager...more

Fox Rothschild LLP

Dueling Statutes Of Limitations

Fox Rothschild LLP on

A statute of limitations can end a case before it begins. But which limitations period applies? In its recent opinion in Woody v. Accuquest Hearing Center, LLC, COA21-563 (2022), the North Carolina Court of Appeals tackled...more

Littler

Hold the Phone: Employees Can Bring Common-Law Wrongful Discharge Claims in Oregon for Seeking Legal Advice About Their Employment

Littler on

On March 3, 2021, in Rohrer v. Oswego Cove, LLC, the Oregon Court of Appeals reversed the lower court’s dismissal of an employee’s common-law wrongful discharge claim for seeking legal advice about her employment....more

Littler

Deal or no Deal? Ontario, Canada Court Determines Employer and Employees Agreed to Settlement Absent Written Contract

Littler on

In a recent appeal to the Divisional Court of Ontario’s Superior Court in Shete, Lada, and Chung v. Bombardier Inc., 2019 ONSC 4083, the court applied the most basic principle that serves as the foundation of common law...more

Proskauer - Whistleblower Defense

Chicago Federal Court Rejects Retaliatory Discharge Claim Due To Existence Of SOX Whistleblower Claim

On April 23, 2018, the U.S. District Court for the Northern District of Illinois ruled that a plaintiff’s SOX claim precluded his claim for common law retaliatory discharge. Cohen v. Power Solutions International, Inc., No....more

Lathrop GPM

Missouri Supreme Court Rules that Private Remedies Under the Missouri Human Rights Act Preempt Common Law Claims, Strictly...

Lathrop GPM on

The Missouri Supreme Court recently placed two important restrictions on the ability of a plaintiff to bring a lawsuit for actions that fall within the reach of the Missouri Human Rights Act (MHRA). The Court issued a...more

Seyfarth Shaw LLP

New Jersey’s Conscientious Employee Protection Act Requires Election of Remedies Before Summary Judgment

Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. District Court for the District of New Jersey recently held that the proper time for a plaintiff to elect whether to proceed with a statutory whistleblower claim under CEPA, or a common law Pierce...more

Parker Poe Adams & Bernstein LLP

Does HB2's Prohibition on State Discrimination Suits Apply to Pending Cases?

North Carolina’s new Public Facilities Privacy & Security Act, commonly known as HB2, includes a prohibition against state court wrongful discharge lawsuits based on race, religion, gender, age and other protected...more

Constangy, Brooks, Smith & Prophete, LLP

Suit Seeks To Block N.C. “Bathroom Bill”

Of significance to employers, the bill, which was signed into law last Wednesday, eliminates the common-law cause of action for wrongful discharge based on “EEO” discrimination....more

Dorsey & Whitney LLP

Dead Statutory Claims May Rise Again as Wrongful Discharge Claims, Washington Supreme Court Rules

Dorsey & Whitney LLP on

Your former employee claims he was fired for blowing the whistle on alleged illegal activity. Your lawyers inform you that the deadline for filing a claim under the applicable whistleblower statutes has passed. You breathe a...more

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