News & Analysis as of

Summary Judgment Termination Employer Liability Issues

Parker Poe Adams & Bernstein LLP

Admission That Business Unit Was Closed Due to Employee's Disability Precludes Dismissal of ADA Claim

When advising employers about the legal risks associated with a business reorganization, we generally advise that discrimination claims are less likely when a company closes an entire facility or department as compared to...more

Perkins Coie

Arizona Court of Appeals Reinstates Retaliatory Discharge Claim Under Fair Wages and Healthy Family Act

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The Arizona Court of Appeals recently held in Papias v. Parker Fasteners LLC, No. 1 CA-CV 22-0775 (Ariz. Ct. App. Oct. 17, 2023), that a discharged employee could proceed with his retaliation claim against his former...more

Parker Poe Adams & Bernstein LLP

Federal Court Rejects Claims by Employees Allegedly Fired for Wearing BLM Masks

In February 2021, we wrote about Kinzer, et al. v. Whole Foods Market, Inc., a case pending in Massachusetts federal court in which multiple employees alleged that they had been terminated by Whole Foods for wearing Black...more

Bradley Arant Boult Cummings LLP

Don’t Fire Me! I’m Drug Free! It Was CBD! Indiana Court Examines Termination for Use of Hemp Oil

In our modern world of a booming CBD industry and an increasing number of states that have legalized marijuana, can you terminate an employee for a positive drug test for marijuana? What if the test shows marijuana...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

Bradley Arant Boult Cummings LLP

Plaintiff’s “Paramour Preference” Plan Panned: 9th Circuit Finds Romantic Relationship Not Enough to Show Discrimination Against...

In another chapter in litigation alliteration, in Maner v. Dignity Health, f/k/a Catholic Healthcare West, the Ninth Circuit held that a male employee’s theory that his supervisor’s long-term romantic relationship with a...more

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

Texas Supreme Court Rules Request for Disability Accommodation Does Not Support Retaliation Claim Under State Law

Texas courts generally look to federal courts’ interpretation of federal anti-discrimination laws to assist in interpreting the anti-discrimination provisions of the Texas Commission on Human Rights Act (TCHRA). However, the...more

Seyfarth Shaw LLP

Nuclear Power Company Avoids ADA Discrimination Claim Meltdown

Seyfarth Shaw LLP on

Seyfarth Synopsis: In Flaherty v. Entergy Nuclear Operations, Inc., ___ F.3d ___, No. 18-1759, 2019 WL 7046367, at *1 (1st Cir. Dec. 23, 2019), the First Circuit struck a terminated nuclear plant security officer’s...more

Seyfarth Shaw LLP

Sixth Circuit “Regarded As” ADA case — When Reality and Perception Collide

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Seyfarth Synopsis: The Americans with Disabilities Act (ADA) not only provides protection to individuals who have physical or mental impairments, but to individuals an employer may perceive to have such impairments. These...more

Bradley Arant Boult Cummings LLP

Stick to Your Story: Employer’s Shifting Termination Justifications Can Cause Employer to Have to Explain Its Discharge Decision...

If you want to avoid potential liability from a former employee, remember a key maxim: Stick to your story about why you made the employment decision. If an employer shifts rationales for its decision or tries to pile on by...more

Proskauer - Whistleblower Defense

Eastern District of Pennsylvania Grants Summary Judgment on SOX Claim

On July 18, 2019, the U.S. District Court for the Eastern District of Pennsylvania granted a defendant-employer’s motion for summary judgment on a SOX whistleblower retaliation claim, holding that the Plaintiff did not have...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Sets Low Bar for Discrimination Claim to Survive

An African-American employee comes into work early one day, with plans to leave earlier than originally scheduled. When he is informed that his vehicle is being serviced and is not immediately available, he blows up at the...more

Jackson Lewis P.C.

Seventh Circuit Affirms Summary Judgment For Employer That Terminated Disabled Employee For Misconduct

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The Seventh Circuit Court of Appeals recently upheld dismissal of failure to accommodate and disability discrimination claims where, for several years, the employer provided accommodations relating to plaintiff’s mental...more

Poyner Spruill LLP

Employers not required to guarantee employees will never be scheduled on religious Sabbaths

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In a recent 11th Circuit Court of Appeals opinion, Patterson v. Walgreen Co., the court affirmed judgment in favor of Walgreens after it fired Patterson for refusing to accept reasonable accommodations for his religious...more

Troutman Pepper

Inconsistent Factual Accounts Could Support An Inference Of Retaliation

Troutman Pepper on

Q. Is there anything I should look out for in documenting my legitimate business reason for terminating an employee? A. The United States Appeals Court for the Seventh Circuit (covering Illinois, Indiana and Wisconsin)...more

Seyfarth Shaw LLP

Termination Pay Penalties: Easy To Incur, Impossible To Reduce?

Seyfarth Shaw LLP on

Seyfarth Synopsis: Employers must pay “waiting time” penalties for willfully failing to timely pay wages due upon termination. Last week the California Court of Appeal dealt employers a double whammy: (i) mere negligence can...more

Bradley Arant Boult Cummings LLP

Voluntarily Sharing Family’s Cancer History Bars GINA Claims, Court Holds

GINA—that elusive law about employers collecting genetic information that rarely comes up. What if an employee voluntarily shares his genetic history—can he turn around and claim his employer improperly acquired the genetic...more

Holland & Knight LLP

Seventh Circuit Provides Clarity on Leaves of Absence and the ADA

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The U.S. Court of Appeals for the Seventh Circuit recently held that an employer's refusal to offer an employee a two- or three-month medical leave of absence following his exhaustion of his Family Medical Leave Act (FMLA)...more

Dorsey & Whitney LLP

For Any Lawful Reason: Firing an at-will employee under dubious circumstances need not lead to liability if the reason for the...

Dorsey & Whitney LLP on

A recent decision from the Sixth Circuit Court of Appeals highlights the distinction between firing an employee for personal or politically expedient reasons (which may be entirely legal) and firing an employee because of his...more

K&L Gates LLP

K&L Gates Triage: Avoiding the Risks Associated with Mandatory Vaccination Programs

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This episode discusses the risks associated with mandatory employee vaccination programs and practical tips for health care entities on how to minimize these risks from an employment law perspective. In particular, this...more

Seyfarth Shaw LLP

11th Circuit Reminds Employers: Proceed Cautiously When Terminating Employees Shortly After FMLA Leave

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Seyfarth Synopsis: While employees who have recently taken leave may be terminated for legitimate reasons, establishing a non-retaliatory termination can be challenging. The timing of the termination alone can support...more

Littler

Seventh Circuit to Plaintiffs: Here's Your Burden of Proof

Littler on

Most employees who file employment discrimination claims hope for one of two things – a really sympathetic jury or an employer that is willing to generously settle the lawsuit to avoid the risks and uncertainties of trial. ...more

FordHarrison

Does New Jersey's Conscientious "Everyone" Protection Act Trump the NLRB's Exclusive Jurisdiction? State Supreme Court says "Yes"...

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Executive Summary: Just when employers thought New Jersey's Supreme Court could not expand the state's whistleblower law further (as we reported last summer), the Conscientious Employee Protection Act (CEPA) once again has...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Failure to Advise Employee of Leave Reinstatement Interfered with FMLA Rights

The U.S. Supreme Court’s 2002 Ragsdale decision rejected Department of Labor regulations stating that failure to provide employees with notice of leave rights was a per se violation of the Family and Medical Leave Act....more

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

Second Circuit Emphasizes That Inconsistent Reasons For Employee Termination Can Be Sufficient To Overcome Summary Judgment

Kwan v. The Andalex Group LLC, No. 12-2493 (2d Cir. Dec. 16, 2013): A recent decision by the Second Circuit not only revived a former employee’s retaliation claims but further highlighted the litigation risk when an...more

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