News & Analysis as of

Retaliation Wrongful Termination Summary Judgment

ArentFox Schiff

Wawrzenski v. United Airlines, Inc.: Key Takeaways for Employers Navigating Workplace Policies

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Employers wanting to create a more equitable and legally compliant workplace while also reducing their risk of litigation may want to pay particular attention to the California Court of Appeal’s recent decision in Wawrzenski....more

Bradley Arant Boult Cummings LLP

Don’t Drop a Vein: Sixth Circuit Affirms Dismissal of Surgical Assistant’s Age Suit

Employment lawyers always win war story contests at cocktail parties. Facts like the ones in Davis v. ULP provide ample fodder for those type of conversations. Performance Problems or Age Discrimination? The...more

Proskauer - Whistleblower Defense

Ninth Circuit Takes Broad View of Protected Activity under the California Whistleblower Protection Act

On October 20, 2022, the Ninth Circuit reversed in part a grant of summary judgment in favor of an employer, finding that the district court misapplied the substantive law of California in holding that Plaintiff’s disclosures...more

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

Consistently Inconsistent: An Example of Shifting Reasons for Employment Termination Precluding Summary Judgment

The U.S. District Court for the Western District of Texas recently denied an employer’s motion for summary judgment when its alleged shifting reasons for terminating the plaintiff’s employment contract raised genuine issues...more

Miller Canfield

6th Circuit Clarifies Opposition Clause of Title VII - Performance of Regular Job Duties as Protected Activity

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Title VII of the 1964 Civil Rights Act prohibits retaliation against employees because they either oppose discriminatory actions (the "Opposition Clause") or because of their participation in an investigation, proceeding, or...more

Payne & Fears

Key California Employment Law Cases: November 2019

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Carroll v. City & Cnty. of S.F., 41 Cal. App. 5th 805, 254 Cal. Rptr. 3d 519 (2019) - Summary:  Each alleged reduction of monthly disability retirement benefit payments for discriminatory reasons was continuing violation...more

Butler Snow LLP

Chicken Fingers and Cat's Paws: 6th Circuit Reinstates Fired Employee's USERRA Claims

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Under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA), employers are prohibited from taking adverse employment actions against employees because they are servicemembers or are obligated to...more

Payne & Fears

Key California Employment Law Cases: June 2019

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This month's key California employment law cases involve EEOC charges, disability discrimination, and meal breaks....more

Proskauer - California Employment Law

Proskauer Scores Two Summary Judgments for Client Cedars-Sinai Medical Center Within 48 Hours

We’re delighted to report that we secured two summary judgments in two separate alleged discrimination cases on behalf of our client Cedars-Sinai Medical Center in matters that were pending in the Los Angeles Superior Court....more

Proskauer - Law and the Workplace

Gardner v. CLC of Pascagoula, LLC –What Constitutes “Severe and Pervasive” Conduct With Respect to “Third-Party Harassment”?

Employers may be liable to their employees for harassment by non-employees under Title VII. Courts have found liability for this so-called “third-party harassment” in some of the following fact-specific contexts: waitresses...more

Allen Matkins

Court Allows Whistleblower Case To Proceed Even Without Access To Tax Returns

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Several prior posts have discussed California's whistleblower protection statute - Labor Code Section 1102.5. The statute prohibits retaliation against an employee for disclosing information to the government or other...more

Payne & Fears

Key California Employment Law Cases: November 2018

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This month’s key employment law cases address nonsolicitation provisions and arbitration agreements. AMN Healthcare, Inc. v. Aya Healthcare Servs., Inc., 28 Cal. App. 5th 923, 239 Cal. Rptr. 3d 577 (2018) Summary:...more

Seyfarth Shaw LLP

Eighth Circuit: Employer May “Elaborate” On Explanation For Termination During Litigation

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Seyfarth Synopsis: In a recent decision, the Eighth Circuit held that Title VII does not require an employer to provide an employee a reason for termination at the time of termination, and that an employer is not strictly...more

Seyfarth Shaw LLP

New Jersey’s Conscientious Employee Protection Act Requires Election of Remedies Before Summary Judgment

Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. District Court for the District of New Jersey recently held that the proper time for a plaintiff to elect whether to proceed with a statutory whistleblower claim under CEPA, or a common law Pierce...more

Burr & Forman

4th Circuit sets a match to battalion chief's First Amendment claims

Burr & Forman on

Lately, we’ve been seeing more cases in which public-sector employees accuse their governmental employer of violating the First Amendment to the U.S. Constitution. Such claims can arise in many ways, but with the...more

Proskauer - California Employment Law

California Employment Law Notes - January 2017

$90 Million Judgment Reinstated: Employers Must Relieve Employees Of All Duties During Their Rest Periods - Augustus v. ABM Sec. Servs., Inc., 2016 WL 7407328 (Cal. S. Ct. 2016) - Jennifer Augustus filed this...more

Zuckerman Spaeder LLP

Kiss Your Retaliation Suit Hello: Company Faces Trial after Changing Explanation for Firing

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When an employee brings a lawsuit alleging that his employer retaliated or discriminated against him, courts typically assess the claim by using a burden-shifting approach. Under this approach, after the employer offers a...more

Seyfarth Shaw LLP

Just What The Doctor Ordered: Court Denies The EEOC’s Motion For Summary Judgment In ADA Suit Regarding Employer’s Wellness...

Seyfarth Shaw LLP on

Seyfarth Synopsis: After the EEOC brought an action under the Americans With Disabilities Act against an employer who implemented a wellness program requiring employees to take a health assessment to participate, the Court...more

Seyfarth Shaw LLP

Employer Policy Failure Precludes Summary Judgment on Discrimination Claim

Seyfarth Shaw LLP on

Seyfarth Synopsis: California Court of Appeal reverses a summary judgment for an employer that failed to follow its own policy regarding layoffs. Moore v. Regents of the University of California serves as a reminder to...more

Proskauer - Whistleblowing & Retaliation

Cal. Court Limits Protected Activity Under Dodd-Frank Whistleblower Provision

In Nazif v. Computer Sciences Corporation, No. 13-cv-5498 (N.D. Cal. June 17, 2015), the Northern District of California granted Defendant Computer Sciences Corp. (Company) summary judgment on Plaintiff Nazif’s Dodd-Frank...more

Kelley Drye & Warren LLP

Fourth Circuit Affirms Continued Validity of McDonnell-Douglas Test Following Supreme Court Decision

In Foster v. University of Maryland-Eastern Shore, the Fourth Circuit recently made clear that the McDonnell-Douglas test is alive and well, rejecting a District Court’s decision which had attempted to back away from the...more

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