News & Analysis as of September 24, 2024

Hiring & Firing › Jury Trial

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Fired Worker Not Entitled to Jury Trial for Disability Retaliation Claim: Key Takeaways for Employers

Fisher Phillips on 9/20/2023

A high-level IT worker who claimed he was discriminated against because of his medical condition was not entitled to a jury trial or monetary damages for his retaliation claim under the Americans with Disabilities Act (ADA)....more

DE Under 3: New NLx Job Count Record; Fifth Circuit Court of Appeals Big Strike Down; OFCCP’s Latest CSAL

DirectEmployers Association on 5/26/2022

In this edition of DE Under 3, John and Candee dive into the details of NLx’s record-breaking 4 million daily job count, the Fifth Circuit Court of Appeal’s strike down of U.S. SEC’s administrative law judicial system, and...more

OFCCP Week In Review: May 2022 #4

DirectEmployers Association on 5/23/2022

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Jury Awards $450,000 For Employer’s Termination of Employee After Receiving Notice About Anxiety Disorder

Proskauer - Law and the Workplace on 5/23/2022

On March 31, 2022, a Kentucky jury unanimously awarded $450,000 to an employee, who was terminated following two panic attacks the employee suffered at work. The jury concluded the employee’s anxiety disorder was a disability...more

[Webinar] Trial Team Reflections on Win in First-Ever Criminal No-Poach Case: DOJ May Have Lost, But The Game Is Not Over - May...

McDermott Will & Emery on 4/22/2022

In July 2021, the US Department of Justice’s (DOJ) Antitrust Division brought its first-ever criminal no-poach market allocation case. The Antitrust Division indicted DaVita, Inc. and its former CEO Kent Thiry on three counts...more

Rumors, Innuendo Lead Wyoming Highway Patrol to Face Sexual Harassment Trial

Holland & Hart - Employers' Lawyers on 12/22/2020

Most people know overtly sexual comments are likely to violate their employer’s rules and could lead to sexual harassment claims. But many don’t understand the comments are a problem not just because they’re sexual. That’s...more

Reassessing The Pros And Cons Of Workplace Arbitration-UPDATED August 2020

Fox Rothschild LLP on 8/31/2020

As someone who represents employers, I’ve long been a proponent of arbitration as a way to limit exposure to employment claims. I have colleagues who disagree and I recognize that it’s a complicated issue. So starting about...more

SJC Finds Commissions Lost Due to Retaliation Are Subject to Trebling

Proskauer - Law and the Workplace on 2/28/2020

In a February 12, 2020 decision, Parker v. EnerNOC, Inc., SJC-12703, the Massachusetts Supreme Judicial Court held that the full commission which would have been due to an employee had she not been retaliated against and...more

#MeToo sexual harassment claims against court clerk go to jury trial

Butler Snow LLP on 11/8/2019

Like Title VII of the Civil Rights Act of 1964, the Tennessee Human Rights Act (THRA) forbids sexual harassment as a form of sex discrimination. To be actionable, the harassment must be so severe or pervasive that it creates...more

Stick to Your Story: Employer’s Shifting Termination Justifications Can Cause Employer to Have to Explain Its Discharge Decision...

Bradley Arant Boult Cummings LLP on 9/10/2019

If you want to avoid potential liability from a former employee, remember a key maxim: Stick to your story about why you made the employment decision. If an employer shifts rationales for its decision or tries to pile on by...more

Key California Employment Law Cases: May 2019

Payne & Fears on 8/26/2019

This month's key California employment law cases involve the Dynamex case and the effect of prior administrative hearing on a civil lawsuit....more

TN Appeals Court Reinstates Hostile Work Environment and Whistleblower Claims

Butler Snow LLP on 7/8/2019

An individual may file a claim under Tennessee’s “whistleblower statute”—the Tennessee Public Protection Act (TPPA)—if she was fired solely for reporting or refusing to participate in illegal activity. Similar to federal law,...more

Fast Food Chain Turns $626 Loss Into Nearly $8 Million

Flaster Greenberg PC on 9/24/2018

When Chipotle Mexican Grill Inc. fired store manager Jeanette Ortiz, accusing her of stealing $626 in cash from the safe, it could never have expected its minimal theft loss to balloon into a nearly $8 million jury verdict...more

Chris Lazarini Provides Insight on Broker's Employment Retaliation Claims

Bass, Berry & Sims PLC on 11/16/2017

Bass, Berry & Sims attorney Chris Lazarini provided insight on a case in which a former commodities broker claimed her former employers retaliated against her for filing a civil rights complaint by causing her new employer to...more

Medical exam results and tasks actually performed

McAfee & Taft on 7/15/2017

When addressing the issues of a person’s ability to perform a job or the potential need for accommodation, don’t forget to take into account work the individual has previously performed. Sometimes that can be every bit as...more

Jury Rejects Whistleblower Claim By Former SpaceX Employee

Proskauer - Whistleblower Defense on 6/9/2017

On June 7, 2017, a California jury returned a 9-3 verdict, dismissing whistleblower claims brought by a former Space Exploration Technologies Corporation (“SpaceX”) employee. Jason Blasdell v. Space Exploration Technologies...more

California Supreme Court Limits Right to Jury Trial on Health Care Whistleblower Claims

FordHarrison on 4/14/2017

The California Supreme Court recently held that California Health and Safety Code section 1278.5(g), which protects health care workers and medical staff from discrimination and retaliation for reporting unsafe patient care...more

SJC Rules in Employment Discrimination Cases a Plaintiff Need Only Show the Reason for Discharge was Untrue to Survive Summary...

Foley Hoag LLP on 3/2/2016

On February 29, 2016, the Massachusetts Supreme Judicial Court (“SJC”), in Bulwer v. Mount Auburn Hospital, articulated the type of evidence required for a plaintiff to survive summary judgment and have his claims heard by a...more

The Jury's Out of the Game and Employers are Back on the Bench: No Right to Jury Under the Tennessee Public Protection Act

Baker Donelson on 10/23/2015

Recently, the Tennessee Supreme Court quietly passed down David G. Young v. City of LaFollette, which changed the face of labor and employment litigation in Tennessee. In Young, the Court held, among other things, that "there...more

Federal Courts Take Divergent Approaches to Jury Trials for Whistleblower Plaintiffs Under Dodd-Frank and Sarbanes-Oxley

Eversheds Sutherland (US) LLP on 1/10/2014

A recurring question under the federal whistleblower laws is whether plaintiffs suing their employers for retaliation have the right to a jury trial. The Dodd-Frank Wall Street Reform and Consumer Protection Act1 appears...more

The Force is Sometimes Against Us

Ervin Cohen & Jessup LLP on 5/14/2013

Julie Gilman Veronese sued Lucasfilm Ltd. in 2009 after she was hired—and then fired—as an assistant to the estate manager at George Lucas’s San Anselmo estate. She claimed she was fired because she was pregnant....more

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Hiring & Firing › Jury Trial

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