News & Analysis as of

Dismissals Wrongful Termination

Bradley Arant Boult Cummings LLP

Court Affirms Dismissal of Subcontractor’s Wrongful Termination Counterclaim and Clarifies Scope of Upcoming Trial on Damages

Back in April we examined the court’s decision in Boldt v. Black & Veatch, which dismissed a subcontractor’s counterclaim for wrongful termination on a 60-turbine wind farm project. As you may recall, the subcontractor hired...more

Lewitt Hackman

Franchisee 101: A Window into Dispute Resolution

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Claims by a window sales and installation franchisee against its franchisor were dismissed by a federal district court in Michigan because the franchisee did not comply with the prelitigation mediation procedure in the...more

Perkins Coie

Ninth Circuit Affirms District Court’s Dismissal of Claims as Preempted by NLRA and Class Action Settlement

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The U.S. Court of Appeals for the Ninth Circuit, on March 18, 2022, applying de novo review, affirmed the district court’s dismissal of plaintiff Cesar Moreno’s wrongful termination claims against his former employer,...more

Bricker Graydon LLP

U.S. District Court dismisses challenge to hospital’s employee vaccine mandate

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On April 1, 2021, Houston Methodist Hospital announced that all of its employees would be required to be vaccinated against COVID-19 by June 7, 2021, but that it would provide accommodations to any employee with disability...more

Fisher Phillips

What Employers Need To Know as Federal Judge Upholds Houston Hospital’s Workplace Vaccine Requirement

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Concluding that a highly publicized lawsuit challenging Houston Methodist Hospital’s mandatory vaccination policy failed to state viable legal claims and misrepresented certain facts, federal Judge Lynn Hughes dismissed the...more

K&L Gates LLP

Arbeitsrecht KOMPAKT: Tactics for Dismissal Protection Proceedings

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If an employer’s termination is deemed invalid in Germany, he will need to back-pay the remuneration since the presumed termination date. Considerable sums can accumulate in this regard. This risk is a key reason why many...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Massachusetts Appeals Court Reinforces Narrow Interpretation of Public Policy Exception to At-Will Employment

On January 20, 2021, an expanded five-judge panel of the Massachusetts Appeals Court issued its opinion in Terence Meehan v. Medical Information Technology, Inc., No. 19-P-1412, and affirmed a lower court decision granting...more

Woods Rogers

Virginia Federal Court Dismisses Employee's COVID-19-Related Wrongful Termination Lawsuit

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For Virginia employers, 2020 has turned their world upside down between the complicated issues arising from the coronavirus pandemic and a wave of new state employment laws.  However, a recent decision issued in the United...more

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - Issue 7, September 2020

U.S. Judge Halts Trump's TikTok Ban, Hours Before It was Set to Start - "John Hall, an attorney for TikTok, said that the app, with some 100 million American users, is a 'modern day version of the town square' and shutting...more

McAfee & Taft

Facebook posts and firing of Oklahoma worker leads to wrongful discharge claim

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Under Oklahoma law, employees who are terminated from their jobs in violation of Oklahoma public policy may, in some cases, file a wrongful discharge lawsuit against their former employer. Increasingly these lawsuits involve...more

Genova Burns LLC

School’s Out: Third Circuit Upholds Termination of Former History Teacher for Instruction on Holocaust Denial Theories

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On February 22, 2020, the Third Circuit Court of Appeals affirmed the District Court’s dismissal of discrimination, hostile work environment, and wrongful termination claims filed by a former non-tenured high school History...more

Dorsey & Whitney LLP

Underwriter Failed to Meet Employer’s Expectations, and thus His FCA Retaliation Burden, at Least in the Eighth Circuit

Dorsey & Whitney LLP on

On Monday, the U.S. Court of Appeals for the Eighth Circuit affirmed the Eastern District of Missouri’s dismissal of appellant’s retaliation claim under the False Claims Act, as well as his state law wrongful discharge claim...more

Seyfarth Shaw LLP

Plaintiff Strikes Out in Tort Suit Against River Cats Baseball

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Seyfarth Synopsis: In a refreshing display of judicial restraint, the California Court of Appeal has declined to extend California’s “wrongful termination” law to a failure to hire, because in the absence of a preexisting...more

Butler Snow LLP

Chicken Fingers and Cat's Paws: 6th Circuit Reinstates Fired Employee's USERRA Claims

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Under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA), employers are prohibited from taking adverse employment actions against employees because they are servicemembers or are obligated to...more

Lewitt Hackman

Tameny Claim Strikes Out Against Employer

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Employee lawsuits for wrongful termination often allege claims for violating the Fair Employment and Housing Act (FEHA) and public policy. The public policy claim, often referred to as a “Tameny” claim, is based on a...more

McAfee & Taft

Workers’ Comp Commission declared rightful forum for related discrimination and retaliation claims

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On May 21, 2019, the Oklahoma Supreme Court issued a long-awaited decision that is good news for employers and, at least for now, finally makes clear there is only one path for filing workers’ compensation-based...more

McAfee & Taft

Employers may be liable for harassment by a non-employee

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“Claims of sexual harassment typically involve the behavior of fellow employees. But not always,” said a federal appeals court in Gardner v. CLC of Pascagoula, LLC. The case shows employers must take employee complaints of...more

Bass, Berry & Sims PLC

Chris Lazarini Provides Insight on Administrative Remedies in Whistleblower Retaliation Case

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Bass, Berry & Sims attorney Chris Lazarini provided insight about a Sarbanes-Oxley whistleblower retaliation case brought by a plaintiff claiming she was unjustly terminated. Finding the plaintiff did not timely file an OSHA...more

Littler

Eighth Circuit Holds Individual Plaintiff Lacks Standing for Alleged Violations of the FCRA’s Authorization and Disclosure...

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On September 6, 2018, in Auer v. Trans Union, LLC, the U.S. Court of Appeals for the Eighth Circuit joined the Seventh Circuit in holding that an individual plaintiff did not have constitutional standing to sue in federal...more

Proskauer - Law and the Workplace

Second Circuit Rules Sexual Orientation Discrimination Is Prohibited Under Title VII

In an en banc decision in Zarda v. Altitude Express, Inc., the Second Circuit has become the latest federal appeals court to hold that discrimination on the basis of sexual orientation is prohibited sex discrimination under...more

Bass, Berry & Sims PLC

Chris Lazarini Examines Dismissal of Claims Applying Res Judicata Standard

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Bass, Berry & Sims attorney Chris Lazarini examined a case filed by Morgan Stanley against Defendant in a FINRA arbitration over an un-paid promissory note. The Defendant answered without asserting counterclaims, but later...more

Bass, Berry & Sims PLC

Chris Lazarini Provides Insight on Lawsuit Dismissal on Res Judicata Grounds

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Bass, Berry & Sims attorney Chris Lazarini provided insight on a lawsuit involving a former broker of Wells Fargo who sued the firm in state court for fraud and personal injury when the company initiated a foreclosure action...more

BCLP

ECHR Ruling: Dismissal Based on Monitoring of Employee’s Communications Illegal

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Be aware! Today’s decision of the European Court of Human Rights (“ECHR”) may force companies to rethink their policies on private internet use of their employees at work (No. 61496/08). The Straßburg court held a...more

Proskauer - Whistleblower Defense

Second Circuit Affirms the Dismissal of a SOX Claim for Failing to Meet the “Reasonable Belief” Standard

On June 1, 2017, the Second Circuit affirmed the dismissal of a Sarbanes-Oxley Act (“SOX”) whistleblower retaliation claim brought by a former Metropolitan Life Insurance Co. (“Company”) employee because the employee lacked a...more

McAfee & Taft

Appeals court rules diagnosed mental impairment not proven to be actual disability

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As many employers know, the ADA Amendments Act of 2008 (ADAAA) broadened the scope of who may be considered disabled under the Americans with Disabilities Act (ADA). Indeed, through the ADAAA, Congress sought to make it...more

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