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Retaliation Anti-Retaliation Provisions Employment Litigation

Bodman

Michigan Supreme Court Expands Retaliation Liability Under Michigan’s Civil Rights Act

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The Michigan Supreme Court’s recent ruling in the case of Miller v. Department of Corrections expands the scope of retaliation claims under the Elliott-Larsen Civil Rights Act (ELCRA). This decision could have important...more

Ward and Smith, P.A.

Plaintiffs Attorneys on What Employers Should Know Today

Ward and Smith, P.A. on

In a discussion led by employment law attorney Will Oden, two experienced North Carolina employment attorneys who represent employees shared insights on their respective practices representing employees, and best practices...more

Seyfarth Shaw LLP

The Second Circuit Creates a Circuit Split on Whistleblower Claim Standards

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In a decision with potentially wide-ranging implications for federal whistleblower protection law, the Second Circuit has held that plaintiffs who allege they were punished by their employers for whistleblowing activity, and...more

Proskauer - California Employment Law

Despite Employee-Friendly Test, California Court of Appeal Finds in Favor of Employer in Whistleblower Retaliation Claim

As we reported here, earlier this year, the California Supreme Court confirmed a relaxed standard by which employees can prove whistleblower retaliation under Labor Code section 1102.5 in Lawson v. PPG Architectural Finishes,...more

Bass, Berry & Sims PLC

Anti-Retaliation under the False Claims Act

The False Claims Act encourages whistleblowers to come forward when they suspect their employer is committing fraud. This post provides a general overview of the False Claims Act’s anti-retaliation provision, which protects...more

Proskauer - Law and the Workplace

7th Cir. Affirms Summary Judgment On Illinois Whistleblower Act and Illinois Jury Act Retaliation Claims

On April 14, 2022, the Seventh Circuit affirmed the entry of summary judgment on claims under the Illinois Whistleblower Act and Illinois Jury Act, concluding that the plaintiff was not terminated for engaging in protected...more

Epstein Becker & Green

#WorkforceWednesday: Whistleblower Regulations Increasing, #MeToo Bill Passes, Cyberfraud Risk Mitigation - Employment Law This...

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This week, we focus on new developments increasing whistleblower protections across the country and prohibiting mandatory arbitration of sexual assault and harassment claims. Increased Whistleblowing Regulations in New...more

Stokes Wagner

California Supreme Court Heightens Employers’ Burden for Defending Whistleblower Claims

Stokes Wagner on

The California Supreme Court set a new, more employee-friendly, evidentiary standard for whistleblower retaliation claims. In Lawson v. PPG Architectural Finishes, Inc., the Court held Labor Code section 1102.6, not the...more

Miles & Stockbridge P.C.

Whistleblowers Don’t Have Super Powers: Whistleblower Protections Don’t Equal Workplace Immunity

Whistleblowers who report perceived illegal activity by an individual, agency, or organization have long been heralded as heroes, serving both the public and private sectors by producing evidence of wrongdoing despite great...more

Fisher Phillips

Massachusetts Employers Must Exercise Caution: “Implicit” Domestic Violence Leave Requests Could Lead to Liability

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The highest court in Massachusetts just ruled that employers may be subject to liability under the state’s domestic violence leave law even if employees don’t explicitly request such leave, creating a potential liability trap...more

Manatt, Phelps & Phillips, LLP

Fourth Circuit Reverses, Reinstates Title VII Discrimination Claim

Title VII permits retaliation claims even when the plaintiff is not the party against whom the initial discrimination was directed, the U.S. Court of Appeals, Third Circuit has ruled, reversing the district court’s dismissal...more

Fisher Phillips

COVID-19 Whistleblower Lawsuits Continue to Target Healthcare Employers, Revealing Risks of Hasty Decision Making

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Fisher Phillips’ COVID-19 Employment Litigation Tracker continues to report that the healthcare industry is the hardest hit by COVID-19 employment litigation. As of the beginning of June, more than one in five of every...more

Hinshaw & Culbertson LLP

[Virtual Event] Hinshaw’s 25th Annual Labor & Employment Seminar - October 26th - 30th, 10:00 am - 11:00 am PT

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Join us for Hinshaw's 25th Annual Labor & Employment Seminar, for a week of practical and engaging virtual programming. We are offering the seminar free of charge this year, allowing unprecedented access for those who may...more

Foley Hoag LLP

Unpaid Future Commissions Can Be Trebled under Massachusetts Wage Act, SJC Rules

Foley Hoag LLP on

In Massachusetts, a commission is a wage subject to the Wage Act when the amount of the commission “has been definitely determined and has become due and payable.” Accordingly, an employer’s failure to pay a commission which...more

Fisher Phillips

Appeals Court Rejects Retaliation Claim Based On Religious Accommodation Request

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In a case of first impression, a federal appeals court just found that an applicant’s request for a religious accommodation did not constitute protected activity under Title VII for the purpose of establishing a retaliation...more

Tonkon Torp LLP

Oregon Court Of Appeals Expands Employment Retaliation Liability

Tonkon Torp LLP on

In its May 31, 2018, decision in McLaughlin v. Wilson, 292 Or App 101 (2018), the Oregon Court of Appeals expanded liability for employment retaliation in two ways. The court held that (1) individuals, not just employers, can...more

Proskauer - Whistleblower Defense

Chicago Federal Court Rejects Retaliatory Discharge Claim Due To Existence Of SOX Whistleblower Claim

On April 23, 2018, the U.S. District Court for the Northern District of Illinois ruled that a plaintiff’s SOX claim precluded his claim for common law retaliatory discharge. Cohen v. Power Solutions International, Inc., No....more

Seyfarth Shaw LLP

Beware the Rumor Mill: Massachusetts Court Finds Reporting of Rumored Office Romance May Be Protected Activity

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Seyfarth Synopsis: A Massachusetts federal court has found that reporting a rumored office romance and complaining about paramour favoritism can be protected activity that is protected by anti-retaliation laws. The court also...more

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