News & Analysis as of

Retaliation Employer Liability Issues Former Employee

Clark Hill PLC

Lactation Accommodation Results in Misconduct Firing, Tenth Circuit Affirms

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Here’s an interesting case that at first blush appears to be an accommodations case, but on a deeper dive is a workplace misconduct case. In Spagnolia v. Charter Communications LLC, The Tenth Circuit Appeals affirmed the...more

Perkins Coie

Arizona Court of Appeals Reinstates Retaliatory Discharge Claim Under Fair Wages and Healthy Family Act

Perkins Coie on

The Arizona Court of Appeals recently held in Papias v. Parker Fasteners LLC, No. 1 CA-CV 22-0775 (Ariz. Ct. App. Oct. 17, 2023), that a discharged employee could proceed with his retaliation claim against his former...more

Fisher Phillips

New York Employers Must Prepare for Strengthened Whistleblower Protections

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New York employees will soon have greater rights to assert claims of wrongdoing by their employers without retaliatory action. State lawmakers recently amended New York’s whistleblower law protections for private sector...more

U.S. Equal Employment Opportunity Commission...

EEOC Updates Covid-19 Technical Assistance to Cover Retaliation

WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) updated its COVID-19 technical assistance today to include more information about employer retaliation in pandemic-related employment situations. The...more

Fisher Phillips

What New York City Employers Need to Know About The First Court Rulings in Early COVID 19 Related Workplace Litigation

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Of the more than 2,300 COVID-19-related employment lawsuits we have been tracking, many have at least one thing in common: they relate to employees who had (or suspect they had) the virus in late 2019 or early 2020 – before,...more

Fisher Phillips

Emerging Trends In COVID-19 Workplace Litigation

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As of this writing, employees from across the country have filed more than 430 COVID-19-related lawsuits against their employers and former employers. Not all of these claims have focused on the Family First Coronavirus...more

McAfee & Taft

Retaliation suit shows requests for unpaid overtime can be a timekeeping trap

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Informed employers know they must pay non-exempt employee for all hours actually worked. If an employee works unapproved hours or overtime, the company must still pay for that time; however, they may discipline that worker...more

Littler

Requesting and Providing Employee References in the Netherlands – A Risky Business!

Littler on

On December 13, 2019, the Dutch Supreme Court (ECLI:NL:HR:2019:1950) provided clarity on the issue of giving references for former employees. Even after the employment relationship has ended, the employer and employee must...more

Womble Bond Dickinson

N.C. Federal Court Allows Former Employee’s Disability Claims to Proceed to Trial

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A North Carolina federal trial court recently denied an employer’s request to dismiss a former employee’s disability discrimination and retaliation claims under the Americans with Disabilities Act (“ADA”). The case provides a...more

Obermayer Rebmann Maxwell & Hippel LLP

Employer’s Swift Decisive Action Helps Defeat Hostile Work Environment Claim

On October 24, 2019, Judge Cathy Seibel of the Southern District of New York issued her ruling granting Defendants’ summary judgment motion in the matter of Lawrence v. Chemprene, Inc., et al., 18-CV-2537. While the...more

Haynsworth Sinkler Boyd, P.A.

Retaliation Claims Can Arise Long After Employment Relationship Ends

A recent Pennsylvania case provides a good reminder that retaliation claims can arise long after an employee is no longer employed and that employers need to keep potential retaliation claims in mind when responding to...more

Constangy, Brooks, Smith & Prophete, LLP

Reference Info Comes Back To Bite Ex-Employer

A tough situation. Could it have been handled better? The Pennsylvania Department of Insurance will be going to trial in a retaliation case involving reference information it provided for a former employee....more

Amundsen Davis LLC

Recent Decision Highlights Risk Of Post-Employment Retaliation Claims

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A federal court in Pennsylvania recently ruled that a former employee presented sufficient evidence to warrant a jury trial on a claim she was retaliated against after she resigned. The decision serves as a good reminder that...more

Proskauer - California Employment Law

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

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

Proskauer - California Employment Law

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

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

Fisher Phillips

Top 50 Workplace Law Stories Of 2018

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It’s hard to keep up with the news these days. It sometimes feels like you can’t step away from your phone, computer, or TV for more than an hour or so without a barrage of new information hitting the headlines—and you’re...more

Flaster Greenberg PC

Fast Food Chain Turns $626 Loss Into Nearly $8 Million

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When Chipotle Mexican Grill Inc. fired store manager Jeanette Ortiz, accusing her of stealing $626 in cash from the safe, it could never have expected its minimal theft loss to balloon into a nearly $8 million jury verdict...more

Mintz - Employment Viewpoints

Maryland Jumps on #MeToo Bandwagon With New Act Creating Significant Obligations for Employers

On May 15, 2018, Governor Hogan signed into law the “Disclosing Sexual Harassment in the Workplace Act of 2018” (the “Act”). The Act will go into effect on October 1, 2018, and contains two new obligations with which Maryland...more

Foley & Lardner LLP

“Smoking Guns” and Unofficial Rules: A Reminder for Employers

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If you work in human resources, or are an executive or employment lawyer, at some point you probably have thought, heard or said words to the effect of “Juries are very unpredictable and can do some crazy things.” I admit...more

Proskauer - Whistleblower Defense

SDNY Grants Summary Judgment Against Plaintiff in SOX Blacklisting Suit

The U.S. District Court for the Southern District of New York recently granted a motion for summary judgment against a Plaintiff claiming retaliatory blacklisting under SOX, holding that a former employer’s policy of refusing...more

Fisher Phillips

Sexual Harassment Dominates California Legislation in 2018

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As we discussed back in January, sexual harassment appears to be the hot topic for the California State Legislature’s 2018 session. This is certainly not a surprise, as issues related to sexual harassment and the #MeToo...more

Proskauer - California Employment Law

Los Angeles Jury Awards $17.4 Million to Sanitation Bureau Employee

Continuing an alarming recent pattern of multi-million dollar jury awards, a Los Angeles jury panel recently awarded $17.4 million to a former employee of the Bureau of Sanitation. The employee claimed he had been retaliated...more

Proskauer - Whistleblowing & Retaliation

New York’s First Department: Harassment Claims Not Barred By Whistleblower Claim

As reported by New York Law Journal reporter Ben Bedell, the New York’s Appellate Division, First Department recently held that employees could file suit against their former employer for both sexual harassment and violation...more

Dorsey & Whitney LLP

10-K Conundrum: 7th Circuit Holds Corporate Filings Can Lead To Employment Claims

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A recent Seventh Circuit decision provides a cautionary tale for employers deciding what level of detail about litigated matters to include in publicly disclosed Securities and Exchange Commission (“SEC”) filings. The court...more

Constangy, Brooks, Smith & Prophete, LLP

You’ve Gotta Be Kidding. THIS Is Retaliation?

I am not making this up. International Monetary Systems, Ltd., is facing a jury trial on a retaliation claim made by a former employee. The company is going to trial because it listed the plaintiff by name on the disclosures...more

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