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Appeals › Termination › Reversal

Miller Canfield

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

Miller Canfield on

“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

Parker Poe Adams & Bernstein LLP on

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

Tucker Arensberg, P.C.

Public Employee’s Social Media Post Justifies Discharge

Tucker Arensberg, P.C. on

Carr v. PennDOT, 2020 WL 2532232 (Pa. 2020) (Pennsylvania Supreme Court sustains the termination of employment of a public employee for a social media post). Background - The Pennsylvania Department of Transportation...more

Dentons

Drug Testing Under Iowa Law

Dentons on

It is no surprise to any Iowa employer that the state has one of the most complex drug testing statutes in the country. Iowa Code §730.5 places the burden specifically on the employer to show strict compliance and can be...more

McDermott Will & Emery

Cookie Crumbles Against Injunction Granted to Terminated Trademark Licensee

McDermott Will & Emery on

Concluding that a terminated exclusive trademark licensee failed to establish the elements required to impose a preliminary injunction, the US Court of Appeals for the 10th Circuit reversed the district court’s grant of a...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Failure to Replace Employee Does Not Defeat Discriminatory Termination Claim

Parker Poe Adams & Bernstein LLP on

When a terminated employee alleges that her firing resulted from discrimination or retaliation, employers often dispute those claims by noting that the employer never hired anyone to take the terminated employee’s position....more

Proskauer - California Employment Law

California Employment Law Notes - July 2016

Proskauer - California Employment Law on

Employer Is Entitled To Recover $4 Million In Attorney's Fees From EEOC - CRST Van Expedited, Inc. v. EEOC, 578 U.S. ___, 136 S. Ct. 1642 (2016) - The EEOC filed suit against CRST (a trucking company) alleging...more

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