Topic
Retaliation
1,386 published works
The EPL Advisor
Rescinding Termination May Not Defeat Retaliation Claim
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.…
Labor & Employment Insights
Calling ICE about Your Plaintiff Could Make You the Defendant
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…
California Workplace Law Blog
SB 306 Expands Labor Commissioner’s Powers to Enforce Anti-Retaliation Laws
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”)…
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…
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,…
Hiring To Firing Law Blog
Is an ‘Honest Belief’ of FMLA Misuse Enough for Termination?
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…
Understanding the ADA
Proving up ADA Interference Claims and Other Questions
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…
Labor Law Prof Blog
Legal Protection for NFL Protests? Not So Fast . . . .
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…
The EPL Advisor
Federal Court: Employer’s Letter to Employees During Pending EEOC Investigation May Constitute Unlawful Retaliation
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…
Employment & Labor
Interference On The Defense? Tenth Circuit Reinstates EEOC’s Formerly Dismissed Claim
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…