News & Analysis as of September 24, 2024

Hiring & Firing › Retaliation › Damages

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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... more +

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 -

Alberta, Canada’s Human Rights Tribunal Awards $50,000 to Employee Whose Employment Was Terminated After Claiming Sexual...

Littler on 11/29/2022

In McCharles v Jaco Line Contractors Ltd., 2022 AHRC 115, an employee alleged that her employer discriminated against her on the basis of gender contrary to the Alberta Human Rights Act (AHRA) when it terminated her...more

Seven Important Considerations for Arizona Employees Who Blow the Whistle on Their Employer

Jaburg Wilk on 7/14/2021

A whistleblower is a term used in employment law for any employee who raises concerns about unlawful conduct. Arizona has a comprehensive whistleblower law that protects whistleblowers. This law makes it unlawful for an...more

#No Filter: Terminating an Employee for Social Media Posts – Part 2

Cozen O'Connor on 9/13/2019

Prior to the advent of social media and especially the #MeToo movement, employers were generally comfortable drawing a bright line between what employees did on their own time and workplace misconduct. ...more

Front Pay & Back Pay: How About No Pay?

Butler Weihmuller Katz Craig LLP on 8/4/2016

In Caterpillar Logistics Services, Inc. v. Amaya, 2016 WL 822020 (Fla. 3d DCA July 13th, 2016), Rudolph Amaya suffered an on-the-job injury to his back and knee while working at Caterpillar’s facility. Shortly thereafter,...more

Federal Judge Awards $1,470,000 in EEOC Sexual Harassment and Retaliation Case Against Z Foods

U.S. Equal Employment Opportunity Commission... on 7/25/2016

Workers Who Were Sexually Harassed and Fired for Complaining Vindicated in Court's Ruling - FRESNO, Calif. - A federal judge has ordered Z Foods, Inc., once one of the largest dried fruit processors in the United States,...more

Minnesota Court Creates “Wrongful Discharge” Damages Claim for MFLSA Violations

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/6/2016

In an unexpected surprising broadening of employee rights under the Minnesota Fair Labor Standards Act, the Minnesota Court of Appeals held, on June 27, 2016, that an employee who is discharged for refusing to obey an...more

Updates On Some Cases About Which We Have Reported

Mayer Brown on 6/17/2016

There have been subsequent developments in several cases about which we have posted in recent months. On April 27, 2016, the California Supreme Court denied review in Casey v. Kaiser Gypsum Co., a case in which the...more

Employment Law -- Dec 20, 2013

Manatt, Phelps & Phillips, LLP on 12/20/2013

Despite $27,000 Jury Award, 9th Circuit Approves Almost $700,000 in Attorney’s Fees - Why it matters: Affirming the broad discretion of federal district court judges to award attorney’s fees, the Ninth U.S. Circuit...more

Eleventh Circuit: Liquidated Damages For FLSA Retaliation Discretionary, Not Mandatory

Proskauer - Whistleblower Defense on 2/25/2013

The Eleventh Circuit joined the Sixth and Eighth Circuits in holding that liquidated damages awards for FLSA retaliation claims are discretionary, not mandatory. Moore v. Appliance Direct, Inc., No. 11-cv-15227 (11th Cir....more

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