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Retaliation

1,386 published works

  1. The EPL Advisor

    Rescinding Termination May Not Defeat Retaliation Claim

    By Timothy J. Domanick

    Proving that non-economic damages and perhaps attorney’s fees are driving forces in litigation, constructive discharge clams were asserted and survived summary judgment in a federal district court action in Oregon.…

  2. Labor & Employment Insights

    Calling ICE about Your Plaintiff Could Make You the Defendant

    By Keith S. Anderson

    An attorney representing his employer-client calls Immigration and Customs Enforcement (ICE) to inquire about the plaintiff’s immigration status. Is that potentially retaliation under the employment laws? If it is, can…

  3. California Workplace Law Blog

    SB 306 Expands Labor Commissioner’s Powers to Enforce Anti-Retaliation Laws

    By Hazel U. Poei

    Effective January 1, 2018, Senate Bill 306 amends Labor Code § 98.7 and adds Labor Code §§ 98.74, 1102.61 and 1102.62 to provide the Division of Labor Standards Enforcement (“DLSE”)…

  4. California Employment Law Update

    Labor Commissioner’s Anti-Retaliation Jurisdiction Expanded

    By Tony Oncidi

    This law expands the Labor Commissioner's power to commence an investigation of an employer – with or without a retaliation complaint being filed – when retaliation by the employer against an employee…

  5. California Employment Law Update

    Whistleblower’s Claim Should Not Have Been Dismissed

    By Tony Oncidi

    Levi v. Regents of the Univ. of Cal., 15 Cal. App. 5th 892 (2017) Dr. Leah Levi, a neuro-ophthalmologist, alleged retaliation under California's Whistleblower Protection Act ("CWPA") against the University,…

  6. Hiring To Firing Law Blog

    Is an ‘Honest Belief’ of FMLA Misuse Enough for Termination?

    By Tracey Diamond

    Q.  Can I discharge an employee if I believe that he or she is misusing FMLA? A.  According to a recent Third Circuit opinion, an employer's honest belief that its…

  7. Understanding the ADA

    Proving up ADA Interference Claims and Other Questions

    By William Goren

    Today’s case is from the Seventh Circuit, Frakes v. Peoria School District No. 150. This case is the first federal case I am aware of dealing with how do you…

  8. Labor Law Prof Blog

    Legal Protection for NFL Protests? Not So Fast . . . .

    By Workplace Prof

    Ben Sachs and Noah Zatz have an op-ed in the New York Times today arguing that they believe that the NFL players' national anthem protests are protected under various legal…

  9. The EPL Advisor

    Federal Court: Employer’s Letter to Employees During Pending EEOC Investigation May Constitute Unlawful Retaliation

    By Daniel V. Duff III

    In EEOC v. Day & Zimmermann NPS, Inc., a federal court in Connecticut found that an employer that sent a letter to employees informing them they might be contacted by…

  10. Employment & Labor

    Interference On The Defense? Tenth Circuit Reinstates EEOC’s Formerly Dismissed Claim

    By Laura Maechtlen

    By Gerald L. Maatman, Jr. and Alex W. Karasik Seyfarth Synopsis:  After a federal district court dismissed the EEOC’s unlawful-interference claim against a private college that had sued a former…