News & Analysis as of September 22, 2024

Statute of Limitations › Job Promotions

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Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period usually commencing from the date of the wrong or injury or the discovery of the wrong or injury. Except for under a limited set of circumstances, if an individual does not file a suit within the specified time period, the law bars them from ever suing on that claim. less -

California Supreme Court Holds Failure to Promote Claims Accrue With Employee’s ‘Knowledge’ of Denied Promotion

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/4/2021

If an employee is passed over for a promotion due to alleged harassment, does the failure to promote happen when the employer decides to promote someone else or when the successful candidate actually takes on the role? ...more

California Supreme Court Holds Statute Of Limitations On Failure To Promote Claims Runs When Employee Knows Or Reasonably Should...

Jackson Lewis P.C. on 7/27/2021

When does the statute of limitations period begin to run on a harassment claim? The California Supreme Court has ruled in Pollock v. Tri-Modal Distribution Services, Inc. that the time to file a cause of action for failure...more

Racial Discrimination/Sexual Harassment Case Was Properly Dismissed On Summary Judgment

Proskauer - California Employment Law on 5/22/2020

Ducksworth v. Tri-Modal Distrib. Servs., 47 Cal. App. 5th 532 (2020) - Bonnie Ducksworth and Pamela Pollock are customer service representatives at Tri-Modal Distribution Services who alleged a failure to promote based...more

Retail and Consumer Products Law Roundup - November 2015

Manatt, Phelps & Phillips, LLP on 11/5/2015

We are pleased to share with you the first issue of Manatt's Retail and Consumer Products Law Roundup. The newsletter will be published on a monthly basis and will survey topics of critical importance to the retail,...more

The Sixth Circuit Expands American Pipe Tolling

BakerHostetler on 7/14/2015

On July 7, the Sixth Circuit decided Phipps v. Wal-Mart Stores, Inc., No. 13-6194, 2015 WL 4079441 (6th Cir. July 7, 2015), an interlocutory appeal in one of the regional progeny of the U.S. Supreme Court’s famous decision in...more

Another Mini-Dukes Action Revived

Sherman & Howard L.L.C. on 7/10/2015

Current and former women employees of Wal-Mart recently won big in the Sixth Circuit in their mini-Dukes discrimination class action. The trial court had ruled that the class action was filed too late, but the court of appeal...more

Thank You for Your Service: The Broad Protections Granted to Members of the U.S. Military Returning to the Civilian Workforce

Orrick - Employment Law and Litigation on 6/19/2013

Images of American flags and proud men and women in uniform were all around last month, as they are every Memorial Day. It is a good time to reflect on the military service of so many of our fellow citizens....more

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