An employer did not retaliate against a long-service employee for taking leave under the Family and Medical Leave Act when it terminated her for poor performance after she returned, the Seventh Circuit decides.
The former employee had a history of absenteeism and making numerous errors in her work, but had been taking FMLA leave just prior to management’s decision to terminate her because o Read more
Based on evidence that the employer fabricated evidence in a sexual harassment lawsuit, a federal district court judge in Atlanta struck the defendant’s answer to the complaint and told the jury that the allegations in the complaint must be accepted as fact.
The judge reportedly took the action after evidence was presented that the employer had forged the signature on an affidavit contradic Read more
A jury should decide whether two corporate attorneys were terminated in violation of the Sarbanes-Oxley Act, the Ninth Circuit decides, overturning a lower court’s dismissal.
The two attorneys contended that they were wrongfully terminated for reporting possible shareholder fraud in connection with a company merger, but a federal district court granted summary judgment for the employer.
Joining in a division among the federal appeals circuits, the Seventh Circuit rules that the retaliation prohibition in the Fair Labor Standards Act does not apply to protect employees who make only “unwritten, purely verbal complaints” to their employers. Read more
An employer who took prompt, effective corrective action when a racially offensive remark was reported to management was relieved of liability under a hostile work environment claim, a federal district court in Michigan rules.
It came to a worker’s attention that another worker was referring to him as “Cornelius,” an ape character from “Planet of the Apes.” The supervisor learned of the co Read more
Employers should take employee concerns regarding data privacy and security seriously not only to protect information, but also because subsequent adverse action against employees complaining about security breaches could provide the basis for a whistleblowing/retaliation claim, says a national law fir Read more
A supervisor who had a retaliatory motive to fire an employee for her alleged whistle-blowing is insulated from personal liability by a “final decision maker’s wholly independent, legitimate decision to terminate” the employee, the Ninth Circuit rules.
The case involves an employee who had filed a complaint with a state agency alleging that one of her supervisors engaged in favoritism towar Read more