News & Analysis as of

Retaliation Resignation

U.S. Equal Employment Opportunity Commission...

Red Robin to Pay $600,000 in EEOC Sexual Harassment Lawsuit

Settles Federal Charges the Casual Dining Chain Allowed Female Employees, including a Teen, to be Sexually Harassed, Retaliated Against, and Forced to Resign - EVERETT, Wash. – Restaurant chain Red Robin International,...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Chipotle for Religious Discrimination and Retaliation

Federal Agency Charges Muslim Teen Was Harassed, Retaliated Against, and Forced to Quit - ST. LOUIS – National restaurant chain Chipotle violated federal law when a manager at the company’s Lenexa, Kansas location harassed...more

Jackson Lewis P.C.

Iowa Supreme Court Reverses $1.5 Million Verdict Against Former Governor In Sexual Orientation Discrimination Suit

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After nearly a decade of litigation, in Godrey v. State of Iowa et al, Case No. 19-1954 (June 30, 2021), the Iowa Supreme Court reversed a jury verdict granting $1.5 million in damages and $3.1 million in attorneys’ fees to...more

TNG Consulting

Vocal Coach’s Concerns of Disparate Treatment Insufficient to Undo her Dismissal

TNG Consulting on

Warmington v. Board of Regents of the Univ. of Minnesota U.S. Dist. Ct., D. Minn. (April 21, 2020) - PROCEDURAL HISTORY:  Warmington, a highly accomplished and nationally recognized track and field coach, resigned in...more

Robins Kaplan LLP

Financial Daily Dose 5.5.2020 | Top Story: WeWork’s Neumann sues SoftBank over scuttled $3B share purchase

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WeWork co-founder wants to get PAAAAAID, so he’s suing SoftBank in an attempt to force it to “go through with its canceled deal to buy $3 billion of the company’s shares, accusing the Japanese conglomerate and its Vision Fund...more

Lewitt Hackman

Unlawful, or Just Mean? California Appellate Court Decides Discrimination Case

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People with disabilities have legal protections under both federal and state law. California’s Fair Employment and Housing Act (FEHA) prohibits an employer from taking adverse actions against a person because of a person’s...more

Robins Kaplan LLP

Financial Daily Dose 11.21.2019 | Top Story: UAW President Resigns After GM Accuses Fiat Chrysler of Bribery

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More than a bit of drama in the auto world yesterday, with General Motors suing rival Fiat Chrysler, accusing it of “bribing United Auto Workers officials to gain competitive advantages in contract negotiations.”  The UAW’s...more

Genova Burns LLC

Whistleblower Claim a No-Go for Employee who Voluntarily Resigned

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The New Jersey Appellate Division in Portilla v. Maxim Healthcare Services, Inc., recently upheld the dismissal of a constructive discharge lawsuit by a registered nurse, lawyer, and self-described “paradigmatic...more

Genova Burns LLC

New Jersey Federal Court Forces a Software Company to Confront the Question at Trial: Did Your Employee Quit or Was He Fired?

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On May 23, 2019, the New Jersey District Court in Kunal Shah v. Meditab Software, Inc. refused to dismiss the retaliation claim of a software company’s former Chief Executive Officer, even though he notified the company of...more

Butler Snow LLP

Court Blows the Whistle on Sevierville Police Officer's TPPA Claims

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Under the Tennessee Public Protection Act (TPPA), also known as the “whistleblower statute,” it is unlawful to fire an employee “solely for refusing to participate in, or for refusing to remain silent about, illegal...more

Seyfarth Shaw LLP

The Sixth Circuit Shows That Balancing ADA Obligations With Enforcement Of Workplace Rules Is Far From An Exercise In Futility

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Seyfarth Synopsis: Employers face a tough challenge in trying to balance their obligations under the ADA with efforts to enforce workplace rules. A recent decision out of the United States Court of Appeals for the Sixth...more

Epstein Becker & Green

Five Key Employment Law Issues Facing the Health Care Industry

Employers in the health care industry are dealing with a growing number of employment law challenges. In this edition of Take 5, we identify the key issues confronting health care employers and discuss how to manage these...more

Fisher Phillips

Third Circuit Confirms “But-For” Standard for Retaliation Claims Under the False Claims Act

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Last month, the Third Circuit Court of Appeals held that an employee’s protected activity must be the “but for” cause of an adverse action to support a claim for retaliation under the False Claims Act (“FCA”). The Court...more

Foley & Lardner LLP

Expanding the Timer: Supreme Court Gives Employees More Time to File Claims

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They say that timing is everything — or at least now it is for so-called “constructive discharge” claims. Last month, the United States Supreme Court, in a 7-1 decision, solidified the rule that the time within which an...more

Genova Burns LLC

Tick-Tock Goes the Clock: SCOTUS Clarifies the Statute of Limitations in Constructive Discharge Actions

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On May 23, 2016, the United States Supreme Court issued its opinion in Green v. Brennan, Postmaster General, in which the Court gave aggrieved employees in workplace discrimination cases more time to file complaints against...more

Parker Poe Adams & Bernstein LLP

Supreme Court Says Limitations Period for Discrimination Claims Runs Beginning on Date of Constructive Discharge

Title VII and related federal civil rights laws contain short administrative claims periods that often result in preclusion of actions filed after expiration of these dates. These exclusions lead to frequent litigation...more

Dickinson Wright

U.S. Supreme Court Holds that Resignation Triggers the Limitations Period for Constructive Discharge Claims

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The United States Supreme Court resolved a split among appellate circuits about when an employee must take action to pursue a constructive discharge claim. The Court held that the 45-day limitation period for a federal civil...more

Obermayer Rebmann Maxwell & Hippel LLP

Spring Forward: Constructive Discharge Clock Doesn’t Start Until Employee Gives “Definite Notice” of Intent to Resign

On May 23, 2016, the Supreme Court resolved a circuit split over the deadline for employees to pursue their administrative remedies in connection with constructive discharge claims under Title VII. Generally, employees must...more

Franczek P.C.

Resignation Date Starts the Statute of Limitations Clock In Constructive Discharge Cases, Supreme Court Holds

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On Monday, the U.S. Supreme Court ruled that the statute of limitations for purposes of filing a claim alleging constructive discharge begins to run on the date that the employee resigns, as opposed to the last discriminatory...more

Jackson Lewis P.C.

Supreme Court: Constructive Discharge Limitations Period Begins with Notice of Resignation

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The U.S. Supreme Court has ruled that the statute of limitations for an employee’s Title VII constructive discharge claim begins on the date of the employee’s notice of resignation. Green v. Brennan, No. 14-613 (May 23,...more

FordHarrison

Supreme Court Rules that Statute of Limitations Period for Constructive Discharge Claims Begins to Run from Date of Notice of...

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The U.S. Supreme Court recently held that the statute of limitations period for constructive discharge claims under Title VII of the 1964 Civil Rights Act (Title VII) begins to run from the date that the employee gives the...more

Littler

Supreme Court Clarifies the Time Period for Initiating Constructive Discharge Claims

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On May 23, 2016, the United States Supreme Court issued its decision in Green v. Brennan, holding that the statute of limitations for a constructive discharge claim begins to run at the time the employee resigns. While the...more

McAfee & Taft

Resignation triggers clock start for filing constructive discharge claims

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Federal law requires a governmental employee to file a constructive discharge claim with the Equal Employment Opportunity Commission within 45 days of the “matter alleged to be discriminatory.” The vagueness of that phrase...more

Miller Canfield

Supreme Court: Constructive Discharge Limitations Period Starts When Employee Resigns

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The Supreme Court ruled, on May 23, 2016, that for employees alleging that they were “constructively discharged” from their employment (as opposed to terminated by their employer), the statute of limitations begins to run...more

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

SCOTUS Rules: Notice of Resignation Starts the Clock in a Federal Employee’s Constructive Discharge Case

On May 23, 2016, the Supreme Court of the United States decided when the limitations period for filing a lawsuit begins to run for a federal employee claiming he or she resigned—or was “constructively discharged”—due to...more

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