News & Analysis as of

Private Right of Action Wrongful Termination

Proskauer - Law and the Workplace

New York State Legislators Propose “Wrongful Discharge” Law

A trio of New York State Senators has proposed a bill that would create a cause of action for “wrongful discharge.” If enacted, the “Safeguarding Employees and Accountability for Termination (SEAT) Act” would be codified in...more

Littler

Pennsylvania Appeals Court Determines State’s Medical Marijuana Act Includes a Private Right of Action for Employees

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In a case of first impression, the Superior Court of Pennsylvania has determined that employees can sue their employers for claims under the Pennsylvania Medical Marijuana Act (MMA).  Palmiter v. Commonwealth Health Sys.,...more

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

Pennsylvania Court Holds Medical Marijuana Act Allows Employees to Sue for Discrimination

On August 5, 2021, the Superior Court of Pennsylvania held for the first time that Pennsylvania’s Medical Marijuana Act (MMA) allows an employee to sue his or her employer for taking an adverse employment action based on the...more

Jackson Lewis P.C.

Pennsylvania Appellate Court Affirms State Medical Marijuana Law Provides Private Right Of Action

Jackson Lewis P.C. on

The Pennsylvania Superior Court has found, as a matter of first impression, that medical marijuana users may maintain a private action under the Pennsylvania Medical Marijuana Act (MMA), including a wrongful discharge action....more

Jackson Lewis P.C.

Nevada: New Laws Imposing New Requirements On Employers

Jackson Lewis P.C. on

At the conclusion of the Nevada Legislature’s 81st Session, Nevada Governor Steve Sisolak signed several bills into law affecting every point of the employer-employee relationship, from application to termination. Changes...more

Littler

Pennsylvania Court Finds Private Right of Action for Employees Under State’s Medical Marijuana Law

Littler on

Following the lead of other courts around the country, a Pennsylvania state court has held that employees can bring lawsuits against their employers asserting claims under the state’s medical marijuana law. Palmiter v....more

Cozen O'Connor

NYC Council Considers Legislation to End At-Will Employment in the Fast Food Industry

Cozen O'Connor on

The New York City Council has proposed additional legislation that would have a major impact on businesses falling within the broad definition of “fast food establishments” and has scheduled a hearing on the bills for...more

Seyfarth Shaw LLP

Pennsylvania Court Allows Medical Pot User To Proceed With Wrongful Termination Suit

Seyfarth Shaw LLP on

In a recent decision, Palmiter v. Commonwealth Health Systems, the Pennsylvania Court of Common Pleas held that: (a) the Pennsylvania Medical Marijuana Act (“MMA”) creates a private right of action for wrongful termination;...more

Lathrop GPM

Missouri Supreme Court Rules that Private Remedies Under the Missouri Human Rights Act Preempt Common Law Claims, Strictly...

Lathrop GPM on

The Missouri Supreme Court recently placed two important restrictions on the ability of a plaintiff to bring a lawsuit for actions that fall within the reach of the Missouri Human Rights Act (MHRA). The Court issued a...more

Maynard Nexsen

Changes to North Carolina's HB2 Restore Employee Right File a Discrimination Suit in State Court

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North Carolina Governor Pat McCrory signed into law House Bill 169 on July 18, 2016. The new law restores a North Carolina employee’s right to file a wrongful termination claim in North Carolina state court based on certain...more

Maynard Nexsen

NC Legislative Update - July 2016

Maynard Nexsen on

Last Week - Following a fast paced week, the legislature adjourned the 2015-16 Session sine die on Friday, July 1st, just before midnight. After convening on April 25th, lawmakers completed the short session in just 68...more

Parker Poe Adams & Bernstein LLP

Does HB2's Prohibition on State Discrimination Suits Apply to Pending Cases?

North Carolina’s new Public Facilities Privacy & Security Act, commonly known as HB2, includes a prohibition against state court wrongful discharge lawsuits based on race, religion, gender, age and other protected...more

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

New NC Law Clarifies Scope of Some State Law Claims for Wrongful Termination

On March 23, 2016, Governor Pat McCrory signed into law House Bill 2, commonly known as the Public Facilities Privacy and Security Act. The act contains a significant provision clarifying North Carolina common law in the area...more

Butler Snow LLP

Lawyers, Guns, and Parking Lots – A review of Tennessee’s Public Chapter 80

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The Tennessee Legislature recently provided employees with a valid handgun carry permit a new private right of action against their employers. As of July 1, 2015, pursuant to Public Chapter 80, Tennessee employees – who...more

Proskauer - California Employment Law

California Employment Law Notes - July 2015

Employee's Inability To Work For A Particular Supervisor Does Not Constitute A "Disability" - Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) - Michaelin Higgins-Williams worked as a clinical...more

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