Wrongful Termination Retaliation

News & Analysis as of

Firefighter’s Twelve Year Court Battle Over Racial Discrimination Ends in Reversal of His Million Dollar Judgment

In Jabari Jumaane v. City of Los Angeles (Ct. of Appeal B255763), published November 10, 2015, the Court of Appeal for the Second Appellate District ended 12 years of see-saw litigation, ruling that the racial discrimination...more

Filing of Police Report Accusing Coworker of Stealing Deemed Protected Activity by California Court

It is generally understood that an employer may not retaliate against an employee for “whistleblowing” and alerting authorities that a business has engaged in unlawful activity. Is an employee also protected against...more

Employer ordered to reinstate labourer fired day after complaining about knee pain, safety issue

An employee has won a reinstatement order under the Occupational Health and Safety Act after the Ontario Labour Relations Board held that he was fired for raising safety issues. The employee complained to a company...more

California Court of Appeal Rules in Favor of Nurse in Wrongful Termination Lawsuit

In Nosal-Tabor v. Sharp Chula Vista Medical Center, a recent California Court of Appeal decision, Plaintiff Karen Nosal-Tabor, a registered nurse and former employee of defendant Sharp Chula Vista Medical Center (Sharp), sued...more

Contracts May Not Be All They're Cracked Up To Be: The Extension Of Legal Protections In Employee Contractual Settings

For many years, employers have generally embraced a policy of utilizing at-will employment as often as possible, where employers and employees can end their relationship with each other at any time and for any (legal) reason....more

King’s Way Baptist Church Sued By EEOC for Retaliation

Kindergarten Teacher at Church's Christian School Fired for Complaining About Sexual Harassment by Pastor, Federal Agency Charges - ATLANTA - The King's Way Baptist Church, Inc. of Douglasville, Ga., violated federal law...more

Business Litigation Alert: "Court Ruling Allows Whistleblower to Sue Board Members"

A recent ruling in California federal court (here) broadens legal protections for whistleblowers and expands who can be held liable in retaliation cases. In the case, Wadler v. Bio-Rad Labs., Inc., a federal judge ruled that...more

Turning the table on Whistleblowers: Alabama state court allows employer lawsuit to proceed against whistleblower

With whistleblower lawsuits on the rise, what options do companies have when faced with a whistleblower of their own. Can a company turn the table on a whistleblower who wrongfully accuses the company of bad...more

Cal. App. Court Finds in Favor of Whistleblower Who Never Complained of Unlawful Conduct by the Employer

In Cardenas v. M. Fanaian, D.D.S., Inc., Case No. F069305 (Cal. App. 5 Dist.), a California Court of Appeal determined that Plaintiff Cardenas could pursue a California Labor Code Section 1102.5 retaliation claim against her...more

The benefits of an appeal or review committee

Retaliation claims are some of the most common employment-based claims that employers face. In 2014, the number of retaliation claims filed with the Equal Employment Opportunity Commission reached a record high – 37,955...more

Whistleblower Statute Protects Employees From Retaliation For Reporting Personal Matters

A California Court of Appeal in Cardenas v. M. Fanaian, D.D.S., Inc. held that Labor Code § 1102.5, which protects employees from retaliation for reporting illegal conduct to law enforcement agencies, applies to an employee’s...more

Fenwick Employment Brief

Legislative Update - Governor Brown recently signed into state law the following employment law bills (among others): SB 358—Referred to as the California Fair Pay Act, this law is directed at closing the pay...more

Harassing Comments Are No Joke: Employer Ordered to Pay Employee $7,500

Mohamud v. Canadian Dewatering (2006) Ltd., 2015 AHRC 16, is a recent decision of the Alberta Human Rights Commission. This decision demonstrates the type of workplace harassment that creates a poisoned workplace and is a...more

Employer Ordered to Pay Whistleblower $100,000 Punitive Damages

In a recent Federal District Court OSHA 11(c) retaliation case, Perez v. Sandpoint Gas N Go, 14-cv-357 (9-29-2015), Chief Judge B. Lynn Winmill provides a strong reminder that the Courts will protect from retaliation...more

Connecticut Supreme Court Expands Protection for Would-Be Whistleblowers

Connecticut whistleblowers were handed a siren to sound the alarm on employers this week. In interpreting the state constitution in Trusz v. UBS Realty Investors, LLC, SC 19323 (Conn. Sup. Ct., official release Oct. 13,...more

California Court Approves Retaliation Protection For Private Police Report

The California Court of Appeal held last week in Cardenas v. M. Fanaian, D.D.S., Inc. that retaliation claims under California Labor Code § 1102.5 need not be based on a report of employer wrongdoing or promote a fundamental...more

EEOC Sues Peoria Dealership Green Chevrolet for Disability Discrimination and Retaliation

Service Manager Was Subjected to Involuntary Transfer Due to Kidney Failure, Then Fired When He Resisted, Federal Agency Charges - CHICAGO - Green Chevrolet, an auto dealership in Peoria, Ill., violated federal law by...more

EEOC Sues Antonella’s Restaurant & Pizzeria for National Origin Harassment

Co-Owner Harassed Hispanic Workers and Told Them Not to Speak Spanish, Federal Agency Charges - NEW YORK - Antonella's Restaurant and Pizzeria, Inc, JTA, Inc., and Grand Centro, three Italian restaurants located in...more

EEOC Sues Morse Moving & Storage For Retaliation Discrimination

Moving Company Fired an Employee For Complaining of Harassment, Federal Agency Charges - DETROIT - Morse Moving & Storage, a residential and corporate moving services provider, violated federal law by firing an employee...more

The Second Circuit (Sort of) and the Fourth Circuit (Completely) Refuse to Apply “Manager Rule” to Title VII Retaliation Claims

The so-called “manager rule” addresses a concern that employers may face a “litigation minefield” if a manager whose very job duties required them to report discrimination complaints could later sue for retaliation if they...more

Seventh Circuit Decision Drives Home Importance of Prudence in Communicating With Employees About Union Issues

In AutoNation, Inc. v. NLRB, the Seventh Circuit enforced a National Labor Relations Board decision that found a car dealership to be in violation of the National Labor Relations Act for interfering with workers’ efforts to...more

Mintz Levin Health Care Qui Tam Update: Recent Developments & Unsealed Cases - September 2015

Trends & Analysis - Since our last Qui Tam Update, we have identified 39 health-related False Claims Act (“FCA”) qui tam cases that have been unsealed. Of those cases...more

EEOC Charges Dunkin’ Donuts Franchisee With Sexual Harassment, Retaliation Against Teens

Store Manager Torments Young Female Staff and Terminated Worker Who Opposed Sexual Harassment, Federal Agency Charges - NEW YORK - A franchisee of Dunkin' Donuts with multiple stores and one office/kitchen in Westchester...more

Be Careful What You Say During a Union Organizing Campaign

At the same time that the current National Labor Relations Board is giving employees what seems like the unfettered ability to engage in disparagement, profane outbursts, and racist comments that accompany protected union or...more

August Whistleblower News Digest | News Your CCO Needs to Know

Morgan Stanley is in the news once again for whistleblower retaliation in a new lawsuit that mentions some of the same staff members involved in the last suit against them. Progenics was found guilty of retaliation, NuVasive...more

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