Topic
Retaliation
1,387 published works
Employer Law Report
Anything You Post or Are Tagged in on Facebook Will Be Used Against You: The Sixth Circuit Upholds Honest Belief Defense to Employee’s FMLA Retaliation Claim Who Went on a Pub Crawl While on Leave, But Skirts Issue As Applied to FMLA Interference Claims
Jaszczyszyn v. Advantage Health Physician Network, (6th Cir. Nov 7, 2012) involves three seemingly-unrelated topics: social media, Polish festivals, and the honest belief defense to FMLA claims. When combined, however,…
Labor Law Prof Blog
Articles of Interest on SSRN
There have been a slew of terrific articles posted on SSRN over the last several days -- check these out:Eugene Volokh (UCLA), Private Employees' Speech and Political Activity: Statutory Protection…
Alabama Employment Law Report
Facebook Photos Ends FMLA Lawsuit In Favor of Employer
Facebook Photos Defeat FMLA Interference and Retaliation Claims. Sara Jaszczyszyn worked for Advantage Health Physician Network as a part-time clerical employee. During the employment process, she disclosed that she had…
Michigan Employment Law Advisor
Avoiding Retaliation Claims: Know What You’re Aiming At Before Pulling the Trigger on a Termination
By Jason Shinn
A recent Michigan Court of Appeals decision extended an employer's liability for a retaliation claim by employees exercising a right afforded under Michigan's Worker's Disability Compensation Act (WDCA) even though the employee…
Employment Discrimination Report
Tenaya Lodge at Yosemite to Pay $195,000 To Settle EEOC Harassment Charge
We wrote last week that the EEOC was targeting sexual harassment cases, and on November 5th we reported that the EEOC just sued Señor Frog's for “rampant sexual harassment of its female employees…
Alabama Employment Law Report
Hot Topics in Employment Law
Last week, I attended the 6th Annual American Bar Association's Annual Labor and Employment Law conference. It was attended by lawyers from around the world, and focused on the current…
California Employment Law Update
“A Motivating Reason” Jury Instruction Is Upheld In Pregnancy Discrimination Case
By Tony Oncidi
Alamo v. Practice Mgmt. Info. Corp., 2012 WL 4450066 (Cal. Ct. App. 2012) Lorena Alamo sued her former employer Practice Management Information Corp. ("PMIC") for pregnancy discrimination and retaliation in…
Texas Employer Handbook
Employment Law 101: An Employer’s Guide to Workers’ Comp Retaliation
Who, What, Why . . . Who does it apply to: All employers, whether subscribers to workers’ compensation insurance or not. What is the issue: Employees of businesses that make…
Employment Discrimination Report
If An Employee Can Demonstrate All Three Elements Of A Prima Facie Retaliatory Termination, Is The Employer Doomed?
The short answer is “no,” because the employee’s prima facie case of retaliation can be rebutted by showing a legitimate, non-retaliatory reason for the termination. As our readers…
Employment Discrimination Report
Company Claims It Fired Employee For Sexual Harassment But Settles EEOC Lawsuit for $95,000 Which Alleged That It Fired Him Because of His National Origin
According to Andersonvalleypost.com, the EEOC has just settled for $95,000 a national origin discrimination and retaliation claim brought in California on behalf of an employee of Egyptian descent against Sierra…