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Termination Hiring & Firing Appeals

Miller Canfield

Michigan Supreme Court Expands Liability Under Anti-Discrimination Statute; Endorses Third-Party Retaliation Theory

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“Third party” or “associational” retaliation is reprisal taken by an employer against someone other than the person who engaged in “protected conduct.” In 2011, the U.S. Supreme Court ruled that Title VII’s anti-retaliation...more

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

Benesch

Starbucks Union Dispute Reaches Supreme Court

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On Friday, January 12, the United States Supreme Court agreed to hear an appeal from Starbucks on a case involving the termination of seven Memphis, Tennessee employees....more

Genova Burns LLC

New Jersey Appellate Division Rules Termination Of An Older Employee Is Not Always Age Discrimination

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On May 26, 2023, the New Jersey Appellate Division in Kalloo v. New York New Jersey Rail, LLC affirmed summary judgment in favor of the employer finding there was no evidence that age played any role in the termination of the...more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Adopts Broader Definition of “Disclosure” Under State Whistleblower Law

In People ex rel. Garcia-Brower v. Kolla’s, Inc., the California Supreme Court resolved a split between the Courts of Appeal for the First and Second Districts over whether a protected “disclosure” under Labor Code section...more

Genova Burns LLC

NJ Appellate Division Rules No Age or Disability Bias in Termination of 60-Year-Old Employee

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On March 29, 2023, the New Jersey Appellate Division affirmed an employer’s win after a former employee claimed he was fired on the basis of his age and disability. In Estate of Zoto v. Cellco Partnership d/b/a Verizon...more

Bradley Arant Boult Cummings LLP

Brain Tumor: A Little Too Little, Too Late — Sixth Circuit Addresses Late Disclosure of Disability

Employers sometimes face difficult decisions after learning of an employee’s disability. What if you learn of a disability after ongoing repeated employment deficiencies or even after a disciplinary or discharge decision...more

Dechert LLP

Key Developments for Employers in the UK - Issue 4

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Welcome to the fourth edition of The Employment Edit – a summary of the most important recent cases and news affecting employers in the UK. We hope you find this newsletter helpful and informative. In this edition we look at:...more

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

Fourth Circuit Reinstates Employee’s Claim That Social Media App Messages Provided Sufficient Notice of a Medical Absence

On August 15, 2022, the U.S. Court of Appeals for the Fourth Circuit held in Roberts v. Gestamp West Virginia, LLC, that an employer’s “usual and customary” notice procedures relating to absences extended beyond the company’s...more

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

Fifth Circuit Relied on ‘Next to No Evidence’ of Animus in Discrimination Suit

On May 13, 2022, the U.S. Court of Appeals for the Fifth Circuit affirmed summary judgment in favor of an employer, finding that a fired employee had failed to create a genuine dispute of material fact as to pretext. In Owens...more

Verrill

Massachusetts Employee Fired For Submitting PIP Rebuttal Protected By Public Policy

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In a recent decision, Terence Meehan v. Medical Information Technology, Inc., the Massachusetts Supreme Judicial Court ruled that an employer cannot terminate an employee for exercising the right to file a rebuttal to a...more

Genova Burns LLC

Digital Walls Surrounding Speech on Social Media Crumble: NJ Appellate Division Upholds Employee Termination for Racist Facebook...

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On May 20, 2022, in McVey v AtlantiCare Medical System, the New Jersey Appellate Division Panel affirmed the dismissal of an employee’s case holding that her termination was not in violation of the protections afforded to...more

Bodman

Sixth Circuit Rejects Plaintiff’s Claim of “Hyper-Scrutiny” as Evidence of Discrimination

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In Boshaw v. Midland Brewing Company, Midland Brewing’s former restaurant operations manager, Boshaw, claimed he was terminated because of his “sexuality” in violation of Title VII and Michigan’s Elliott Larsen Civil Rights...more

Dorsey & Whitney LLP

Ninth Circuit Asks Montana Supreme Court for Guidance: Is an Employer Defending Itself in a Wrongful Discharge Lawsuit Limited to...

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Many Montana employees can claim the protection of Montana’s unique Wrongful Discharge from Employment Act, which generally bars an employer for terminating an employee without “good cause” after the employee has completed a...more

Saiber LLC

Court Upholds Employee’s Termination for Violating Employer’s Social Media Policy

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On March 4, 2021, the United States Court of Appeals for the Third Circuit affirmed a decision of the United States District Court for the Western District of Pennsylvania which ruled in Ellis v. Bank of New York Mellon Corp....more

Jackson Lewis P.C.

Virginia Supreme Court Clarifies Defamation Claims In Employment Context Need Defamatory ‘Sting’

Jackson Lewis P.C. on

Statements made in a disciplinary action form that did not hold the requisite defamatory “sting” to the reputation of the plaintiff cannot support a defamation claim, and statements made during proceedings before the Virginia...more

Butler Snow LLP

Sixth Circuit Court of Appeals Provides Guidance as to When Increased Scrutiny May Show Unlawful Retaliation

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Federal law (as well as many states’ law) forbids an employer from retaliating against an employee who engages in protected activity, such as complaining of unlawful discrimination. One way that many employees seek to...more

Parker Poe Adams & Bernstein LLP

Quit or Fired? N.C. Employees May Qualify for Unemployment Benefits in Equivocal Situations

Under North Carolina statute, employees who leave work for a reason other than good cause attributable to the employer are not eligible to receive unemployment benefits. Last month, the North Carolina Court of Appeals...more

Littler

UK in 2019: That was the year that was!

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Well it’s been quite a year. Thank goodness it’s almost over! We started it (much as we have started every year since 2016) in a fog of uncertainty around Brexit. We have ended it at least knowing that the UK will be leaving...more

Polsinelli

Med-Staff Newsletter - September 2019 | VOL 3

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Dr. Kenneth Economy was employed by East Bay Anesthesiology Medical Group (“Anesthesia Group”), which held an exclusive contract to provide anesthesia services at The East Bay Hospital (“Hospital”). During asurprise...more

Blake, Cassels & Graydon LLP

Court of Appeal Confirms: Reasonable Notice Is Capped At 24 Months, Absent Exceptional Circumstances

Employers can breathe easy once again knowing that common law reasonable notice is still capped at 24 months, absent exceptional circumstances. On June 19, 2019, the Court of Appeal for Ontario (Court of Appeal) released...more

Jackson Lewis P.C.

Kentucky Employers Must Be Represented By Counsel In Unemployment Compensation Hearings, Court Rules

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Non-lawyers may no longer represent employers in unemployment compensation hearings in Kentucky, the Kentucky Court of Appeals has ruled. Nichols v. Kentucky Unemployment Commission, et al., No. 2017-CA-001156-MR, 2019 Ky....more

Littler

Ontario, Canada: Court Takes on Employer Termination Conduct

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The Court of Appeal for Ontario recently rendered a decision in Ruston v. Keddco MFG. (2011) Ltd., 2019 ONCA 125, which serves as a cautionary tale for employers whose termination conduct reveals that they do not take their...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit and California Court of Appeals Rule on Freedom of Religion Rights

Sauce for the goose is sauce for the gander? Not necessarily. The Ninth Circuit and California Court of Appeals recently decided two cases that substantially limit the scope and application of freedom of religion rights...more

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

South Carolina Court of Appeals Weighs in on South Carolina’s Political Opinions Statute, Approves Discharge of Employee for...

In Owens v. Crabtree, Opinion No. 5616 (January 16, 2019), the South Carolina Court of Appeals held that a company’s termination of an employee for using company devices, on company time, to oppose a local building project...more

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