News & Analysis as of

Termination Retaliation Employment Discrimination

Constangy, Brooks, Smith & Prophete, LLP

Don’t let a bad employee’s protected activity lead you into the twilight zone.

You are about to enter another dimension. A journey into the world of discrimination and retaliation. Consider, if you will, the case of an employee who suspects that he or she is about to be fired or demoted for misconduct...more

Vinson & Elkins LLP

Juries are More Likely to Find Retaliation than Discrimination

Vinson & Elkins LLP on

On October 25, 2022, a federal jury in Houston awarded a woman $365,000,000 in punitive damages and over $1,000,000 in compensatory damages, after finding that her employer had terminated her in retaliation for complaining...more

Rivkin Radler LLP

The Employment Law Reporter - January 2022

Rivkin Radler LLP on

Here is what we cover in this issue of The Employment Law Reporter: •The U.S. Court of Appeals for the Second Circuit has affirmed a district court’s decision dismissing employment discrimination claims brought by a...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

Troutman Pepper

Seventh Circuit Dismisses Retaliation Claim Brought Under Cat’s Paw Theory of Liability

Troutman Pepper on

Q: Can an employer be found liable for terminating an employee for misconduct after an investigation initiated by a biased supervisor?...more

Clark Hill PLC

Contractual Restrictions Against Forum Shopping May Be Illegal

Clark Hill PLC on

Many collective bargaining agreements restrict employees from pursuing the same complaint in multiple forums. For example, if an employee files a grievance over an employment issue but then files a complaint or charge of...more

Mayer Brown

Kansas City Gives St. Louis A Run For The Money–Literally

Mayer Brown on

St. Louis and Kansas City have long been cross-state baseball rivals. Who can forget the 1985 I-70 World Series? So it is hardly surprising that on the eve of St. Louis being named by the American Tort Reform Association...more

Seyfarth Shaw LLP

Opposing Employer Actions Directed at General Public Not Protected Activity

Seyfarth Shaw LLP on

Seyfarth Synopsis: An employee who expresses opposition to an employer’s policies and practices that affect members of the general public is not engaging in an activity that FEHA protects, because the activity is not opposing...more

Baker Donelson

Employers Beware of the Cat's Paw

Baker Donelson on

The cat scratches again! Five years ago, the United States Supreme Court handed down Staub v. Proctor Hospital, wherein it held that an employer may be liable for a supervisor's discriminatory animus when the independent...more

Foley & Lardner LLP

“Cat’s Paw” – Or Perhaps “Tiger’s Paw” Theory Now

Foley & Lardner LLP on

For those interested in the origin, the term “cat’s paw” derives from a fable of a monkey who employs flattery to convince a cat to pull chestnuts out of a fire. Today the term commonly refers to a person used unwittingly or...more

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