Topic
Retaliatory Discharge
51 published works
HR Law Talk
Tennessee Supreme Court Holds that Petitioning the State Government is Not Conduct Protected by the Common Law Tort of Retaliatory Discharge Against a Private Employer
By Robert Horton, Alex Redmond
A recent Tennessee Supreme Court decision has addressed a matter of first impression after years of contentious debate regarding employer COVID-19 vaccination policies for employees. Heather Smith (Smith) filed a…
Texas Employment Lawyer
My Employer Asked Me to Engage in Illegal Activity. Help!
Austin/Houston Employment Trial Lawyer Rachel Bethel One key legal claim in Texas is called a “Sabine Pilot” claim. This doctrine protects employees from retaliatory terminations for refusing to engage in…
Municipal Minute
Court Rejected Former Employee’s Retaliatory Discharge and Whistleblower Claims
In Maxson v. City of Chenoa, an Illinois Appellate Court rejected whistleblower and retaliation claims brought by a former city employee against the City after his position was terminated. On…
All Things HR
The Michigan Supreme Court Expands Public Policy Causes of Action for Retaliatory Discharge
Under Michigan’s Occupational Health and Safety Act (“MiOSHA”), employers may not “discharge an employee or in any manner discriminate against an employee because the employee filed a complaint” regarding the…
Wage & Hour Developments
Arizona Court of Appeals Reinstates Retaliatory Discharge Claim Under Fair Wages and Healthy Family Act
By Jill L. Ripke, Paul Smith, Kristine Beaudoin, Perkins Coie
The Arizona Court of Appeals recently held in Papias v. Parker Fasteners LLC that a discharged employee could proceed with his retaliation claim against his former employer. The employee alleged that he…
Stacey R. Ball Blog
Reprisals under the Occupational Health and Safety Act: Presumptive Remedy for a Retaliatory Discharge is Reinstatement
What is the remedy for a retaliatory discharge due to an employee raising a health and safety issue? Thompson v. 580062 Ontario Inc. (Slainte Irish Gastropub) provides the answer. The…
Global Workplace Insider
2nd Circuit finds that Terminated Whistleblower Employees Must Prove Retaliatory Intent in Sarbanes-Oxley Act Lawsuits
By Kevin MacNeill, Preston Brasch
In a recent decision, Trevor Murray v. UBS Securities, LLC, the United States Court of Appeals for the Second Circuit considered section 1514A of the Sarbanes-Oxley Act (SOX), which protects…
Corporate Governance & Internal Investigations Advisor
Seventh Circuit Affirms Summary Judgment Ruling Against Illinois Employee Who Refused to Participate in Sale of Product Banned in New York
By Alison B. Crane, James Hager
A recent Seventh Circuit decision interpreting Illinois law affirmed the district court’s ruling that an employee’s refusal to engage in activity illegal in New York, but not in Illinois, was…
California Public Safety Labor Blog
PERB and California Appellate Court Highlight Termination Over Minor Policy Violations Can Indicate Retaliatory Motive
Recently, a California Court of Appeals upheld a PERB decision overturning a disciplinary decision to terminate a firefighter who allegedly misused his sick leave. The case, City of South Pasadena…
Chicago Business Litigation Lawyer Blog
Illinois Court Affirms Dismissal of Terminated Employee’s Retaliatory Discharge and Intentional Infliction of Emotional Distress Claims
By Peter S. Lubin, Patrick Austermuehle
Terminating an employee can be a difficult thing for an employer. It can become even more difficult if the former employee decides to sue her former employer. An Illinois appellate…