Topic
Retaliation
1,387 published works
San Antonio Employment Law Blog
Plaintiffs Settle Despite Hung Jury
Discrimination cases are difficult. They are more difficult than many other types of cases, because there is an intrinsic bias against discrimination claimants. As Judge Kopf (of Hercules and the…
Texas Employment Lawyer
Assurances from another manager that decisionmaker will not be retaliated against by discriminating supervisor does not negate the influence of the discriminating supervisor.
“After Lewis disagreed with Wood’s desire to Swafford, Wood repeatedly informed Lewis that he was violating federal law because Lewis was discriminating based on age and disability. Also the record…
MS Litigation Review & Commentary
$107,100 Jury Verdict in Jackson Federal Court Retaliation Case
On Friday a federal court jury in Jackson rendered a total verdict of $107,100 in Robinson v. JSU and Fuller. The plaintiff Fredrick Robinson was the Director of Sports Medicine…
Texas Employment Lawyer
To establish the third element of a prima facie case for retaliation under Title VII, a plaintiff must ultimately present evidence that there is a causal link between the protected activity and the adverse employment action.
By Eric P. Dama
“A review of her pleadings reflects that [Employee] has alleged that she has worked for [Employer] since 1988, she encountered no problems in the workplace until she was listed as…
The Right Coast
13 United flight attendants want their jobs back after refusing to fly on a plane defaced with a creepy message – The Washington Post
Spooked by what they perceived as a threat, the flight attendants all refused to fly and later the airline fired them for insubordination. via www.washingtonpost.comThey shouldn't be made to fly…
Texas Employment Lawyer
Global statement that company did not fire any employee for complaining about wages is not a legitimate non-retaliatory reason.
“Defendants cite the following global statement in both declarations: ‘SDT did not fire anyone for complaining about not getting paid for all time worked.’ Neither [Defendant] mentions [Plaintiff] by name,…
Proskauer Whistleblower Defense
Trends in N.J. Whistleblowing and Retaliation Law – 2014 Roundup
By John Barry, Joseph O’Keefe, Daniel Saperstein
2014 was another busy year for developments in whistleblowing and retaliation law in New Jersey. This blog post summarizes noteworthy state and federal cases for employers to consider in the…
Texas Employment Lawyer
Testimony of an employer’s statements evincing retaliatory animus are regarded as direct evidence, and no further inference to determine retaliatory intent is required.
By Eric P. Dama
“The Court finds that [Supervisor]’s unambiguous statement that Plaintiff ‘didn’t do anything wrong, but [he] filed that Complaint,’ recalled by both Plaintiff and a co-worker, amounts to direct evidence of…
California Employment Law
NLRB Alters Post-Arbitral Deferral Standards
On December 15, 2014, in a split decision along party lines, the National Labor Relations Board (“the Board”) in Babcock & Wilcox Construction Co., Inc., overruled 30 year-old precedent that…
TortsProf Blog
Brake on “Tortifying Retaliation”
Deborah Brake (Pittsburgh) has posted to SSRN Tortifying Retaliation: Protected Activity at the Intersection of Fault, Duty, and Causation. The abstract provides:In University of Texas Southwestern Medical Center v. Nassar,…