Topic
Retaliation
1,374 published works
Employment & Labor
California Supreme Court: No Individual Liability for Retaliation under FEHA: Jones v. The Lodge at Torrey Pines Partnership
The California Supreme Court in Jones v. The Lodge at Torrey Pines Partnership ruled that individuals may not be held personally liable for retaliation claims under the FEHA. If you…
Labor Law Prof Blog
Secunda On Retaliation Against Medical Benefits Claims
Our own Paul Secunda was recently quoted in the Chicago Tribune on a disturbing case in which it is alleged that an employee was terminated to avoid the medical claims…
California Employment Law Update
Employee May Proceed With Sexual Orientation Discrimination Claim
By Tony Oncidi
Dominguez v. Washington Mut. Bank, 168 Cal. App. 4th 714 (2008) Yoko Dominguez, a former temporary employee of Washington Mutual assigned to processing outgoing mail, alleged that a co-worker (Javier…
Employment Law Matters
Reduction in force sufficient to overcome pretext argument in retaliation case
The 1st U.S. Circuit Court of Appeals has upheld summary judgment in favor of an employer who asserted that it had terminated the employment of a human resource manager because…
Adjunct Profs Blog
Plaintiff Loses FMLA Retaliation Claim
Phillips v. Mathews, ___F.3d___(8th Cir. Nov. 18, 2008), is an interesting decision. In a suit alleging interference and retaliation by a state-governmentemployer in violation of the Family and Medical Leave…
Train Law Blog
Railroad Workers Gain New Protection Against Retaliation For Injuries
As the saying goes, knowledge is power. Here's an amazing new law that every rail worker should know about. The Federal Railroad Safety Act (FRSA), 29 U.S.C. Section 20109, hands…
New Jersey Law Blog
It Ain’t Over, Even After It’s Over: New Jersey Court Extends Retaliation Claims Under Law Against Discrimination (NJLAD) For Post-Termination Actions
Consider this scenario: Your company has struggled with a key employee, and it is determined that the employment should be terminated. Following the advice of counsel, the parties entered into…
Labor Law Prof Blog
Daniels and Bales on Resolving the Split Regarding the Sufficiency of Temporal Proximity Evidence in Title VII Retaliation Cases
Northern Kentucky/Chase law student Troy Daniels (left) and our own Rick Bales (right)have posted on SSRN their forthcoming piece in the Gonzaga Law Review: Plus at Pretext: Resolving the Split…
Labor Law Prof Blog
Analysis of Oral Argument Transcript in Crawford Retaliation Case
The Supreme Court heard oral argument in the case of Crawford v. Metropolitan Government of Nashville yesterday afternoon. Scotusblog’s Scotuswiki page on the case can be found here. Crawford had…
Aaron Morris' Business Law Alert
Employer Loses Communication Privilege if ill-will is Shown
By Aaron Morris
California Civil Code Section 47 affords certain privileges that protect a person from liability, even if he speaks or writes something that would otherwise be defamatory. Civil Code section 47,…