Topic
Wrongful Termination
839 published works
Guideposts
Ninth Circuit Substantially Reduces Punitive Award Against Walgreen
Things have been quiet in the world of punitive damages for the last few months, but two recent decisions substantially reducing punitive awards under the BMW/State Farm factors warrant mention.…
The EPL Advisor
Failure to Provide Documentation, Misconduct, Defeats FMLA Retaliation Claim in the Process
The U.S. District Court for the Southern District of New York recently granted an employer’s motion for summary judgment dismissing wrongful termination claims. Cruz v. Wyckoff Heights Med. Ctr., No.…
Global Workplace Insider
The Duty to Mitigate and its Impact on Damages
By Russell Kott
Employer clients often ask during a wrongful or constructive dismissal lawsuit what damages may be awarded. One relevant consideration is the common law duty to mitigate. A wrongfully dismissed employee…
Employment & Labor
NLRB Revises Back Pay Formula
By Daniel Kim
In a 3-1 ruling, the National Labor Relations Board (“Board”) recently revised its back pay formula and radically departed from its traditional remedy for compensating employees who have been unlawfully…
Minnesota Wage & Hour
MN Supreme Court to Review Burt v Rackner Opinion That Created A New Wrongful Discharge Action
Hope is on the horizon for Minnesota restaurants! On September 20, it was announced that the Minnesota Supreme Court will hear the appeal from the novel decision, Burt v. Rackner, Inc. d/b/a…
Connecticut Employment Law Blog
Maybe That Discrimination Lawsuit Against Your Employer is Ill-Advised
[caption id="attachment_6352" align="alignright" width="300"] Caution: You may not want to get your legal advice from reading Cosmo.[/caption] As I approach the ninth anniversary of this blog this week (watch for…
The EPL Advisor
Dismissal of Claims of Unlawful Discharge for Using FMLA Leave Highlight Importance of Accurate Record Keeping And Consistent Explanations For Employee Terminations
Too often weak claims of employment discrimination gain strength when employers fail to properly document and support with documentation the legitimate, non-discriminatory reasons for an employee’s termination. While the burden…
San Antonio Employment Law Blog
Coach Briles Settled Lawsuit with Baylor University
Coach Art Briles settled his wrongful termination lawsuit against Baylor University. I previously wrote about that lawsuit here. I wrote then that it was pretty "nervy" of Coach Briles to…
The Employer Report
Shots Fired By 5th Circuit – Prohibiting Guns in Parking Lots Could Lead to Wrongful Discharge Claims
The Fifth Circuit held Monday, August 8, 2016, that employers who prohibit workers from storing guns in locked vehicles may be subject to wrongful discharge claims. The decision was based…
San Antonio Employment Law Blog
Fifth Circuit Reverses Summary Judgment
The Fifth Circuit issued an interesting decision reversing summary judgment. In Heinsohn v. Carabin and Shaw, No. 15-50300, 2016 WL 4011160 (5th Cir. 7/26/2017), the higher court found the employer…