News & Analysis as of September 24, 2024

Causation

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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 -

Eleventh Circuit Ruling on Causation Standard a Win for Employers

Epstein Becker & Green on 3/19/2024

The U.S. Court of Appeals for the Eleventh Circuit recently weighed in on the circuit-splitting debate over the proper causation standard for Family and Medical Leave Act (“FMLA”) retaliation claims. In a win for employers,...more

Sixth Circuit Rejects Chain-of-Events Theory of Causation in Whistleblower Cases

Morgan Lewis - Up & Atom on 5/15/2020

The US Court of Appeals for the Sixth Circuit’s recent favorable decision in Lemon v. Norfolk Southern Railway Corporation, announced its rejection of the chain-of-events theory of causation in whistleblower cases. In doing...more

Quirky Question #284: If a tree falls in the forest and no one hears it, can you still unlawfully retaliate against it?

Dorsey & Whitney LLP on 7/14/2016

Question: One of our male supervisors wants to fire a female employee who complained that he was sexually harassing her. The harassment allegations appear to have some substance: he asked her for pictures of herself in a...more

ARB Rejects SOX Claim of Employee Who Threatened Co-Worker

Proskauer - Whistleblowing & Retaliation on 3/15/2016

On February 18, 2016, the ARB dismissed a former employee’s whistleblower retaliation claim under Section 806 of SOX, concluding that he failed to show that his protected activity contributed to the decision to terminate his...more

6th Circuit Reverses Itself, Abandons “Definitively and Specifically” Standard For SOX Whistleblower Protected Activity

Proskauer - Whistleblowing & Retaliation on 6/11/2015

On May 28, 2015, the Sixth Circuit Court of Appeals ruled that an employee who reports allegedly fraudulent conduct engages in protected activity under SOX where he or she has a reasonable belief that the activity reported is...more

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