News & Analysis as of September 15, 2024

Employer Liability Issues

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

The Employment Law Reporter: Winter 2024

Rivkin Radler LLP on 1/9/2024

Here is what we cover in this issue of The Employment Law Reporter: •A federal district court in New York has dismissed employment discrimination claims brought under the Age Discrimination in Employment Act of 1967 and...more

California Employment Law Notes - September 2021

Proskauer - California Employment Law on 9/20/2021

Ninth Circuit Rejects “Paramour Preference” Liability Arising From Supervisor’s Affair With Another Employee - Maner v. Dignity Health, ___ F.4th ___, 2021 WL 3699780 (9th Cir. 2021) William “Bo” Maner worked as a...more

California Jury Awards Employees $7.6 Million in Latest Gargantuan Wrongful Termination Verdict

Proskauer - California Employment Law on 9/9/2021

A Los Angeles jury has ordered an apartment building owner and property management company to pay $7.6 million to two former live-in apartment managers who claimed to have been wrongfully terminated and discriminated against...more

Court Affirms $2.9 Million Verdict Against Employer That Failed To Obtain Green Card For Employee

Proskauer - California Employment Law on 5/20/2020

Reynaud v. Technicolor Creative Servs. USA, Inc., 46 Cal. App. 5th 1007 (2020) - Plaintiffs Michael and Fiona Reynaud (both British citizens) sued Michael’s former employer, Technicolor, for negligence based upon its...more

$13M UCLA Case Exposes Calif. Employment Litigation Flaws

Proskauer - California Employment Law on 5/14/2020

In Pinter-Brown v. Regents of the University of California, the California Court of Appeal’s Second Appellate District recently reversed a blockbuster $13 million judgment that was entered against UCLA in favor of one of its...more

Los Angeles Jury Awards $15.4 Million To Former LA Times Columnist

Proskauer - California Employment Law on 8/21/2019

Employers all over California are once again hearing the siren call of arbitration in the wake of a $15.4 million single-plaintiff verdict that a Los Angeles jury delivered to a former Los Angeles Times sports columnist on...more

California Jury Awards $15.4 Million to Former Jack in the Box Employee

Proskauer - California Employment Law on 6/21/2019

In a decision unsurprising to anyone familiar with what California juries have been up to lately, fast-food titan Jack in the Box was ordered to pay $15.4 million (including a staggering $10 million in punitive damages) last...more

A California Jury Strikes Again – Hands Out $11 Million Verdict

Proskauer - California Employment Law on 1/8/2019

A Los Angeles jury awarded more than $11 million to two former employees who claimed they were sexually harassed and retaliated against for complaining about the harassment. Megan Meadowcroft and Amber Brown, who worked at...more

Think your evidence is solid? Jury, judge, and appeals court may disagree

Burr & Forman on 8/16/2018

We’ve often written about the need to have clearly written policies that, once in place, are followed. If a dispute arises and there is any ambiguity in the policies and how the employer interpreted or used them, juries more...more

Two Recent Jury Verdicts Award $6 Million and $7.97 Million To Wrongfully Terminated Employees

Proskauer - California Employment Law on 5/17/2018

Two recent verdicts from California Superior Court juries have awarded former employees $6 million and $7.9 million, respectively, in compensatory damages after a finding of wrongful termination. Martinez v. Rite Aid Corp....more

II-31- The Changing 9 to 5 From 1980 to Today

Cozen O'Connor on 4/17/2018

This episode flashes back to 1980's 9 to 5 workplace, and then goes back to the future to compare today's workplace of emoji harassment, a new game-changing overtime exemption rule, the 1st ever employer antitrust complaint...more

It’s time to think about arbitration agreements again following recent $15 million+ employee verdicts

Proskauer - California Employment Law on 9/5/2017

Jury panels in the Los Angeles Superior Court (which is often referred to as “The Bank” by the plaintiffs’ bar) have recently delivered multimillion-dollar verdicts to former-employee plaintiffs. Many employers doing business...more

New Jersey Supreme Court “Plants the Seeds” for Increase in “Garden Variety” Emotional Distress Jury Awards

Seyfarth Shaw LLP on 10/12/2016

Seyfarth Synopsis: The New Jersey employers were dealt an “emotional” blow when the New Jersey Supreme Court, in Cuevas v. Wentworth Group, affirmed a trial court’s denial of an employer’s request for remittitur of the...more

‘Garden Variety’ Emotional Distress Damages in Employment Matters to ‘Bloom’ in New Jersey

Jackson Lewis P.C. on 10/3/2016

The specific facts presented to the jury will determine whether an award of “garden variety” emotional distress damages is reasonable, the New Jersey Supreme Court has held in an employment discrimination case brought under...more

North Carolina Court Allows Emotional Distress Damages for Wrongful Discharge Claim

Parker Poe Adams & Bernstein LLP on 6/2/2014

North Carolina courts recognize a limited exception to the normal employment at-will doctrine. If an employee is terminated for reasons that violate state public policy, the plaintiff may pursue a common law tort claim to...more

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