4,441 results for 'cat:"Employment"'.
J. Spain finds that the trial court improperly reversed the decision of the civil service commission that upheld the suspension of a fire department district chief stemming from alleged misconduct during a public-relations event with pro basketball players. The district chief allegedly witnessed a player driving a fire station high-water vehicle with the lights and siren turned on. There was substantial evidence that the district chief did not report the violations. Reversed.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: May 23, 2023, Case #: 14-21-00570-CV, Categories: Administrative Law, employment, Evidence
J. Shea answers a certified question from the Ninth Circuit concerning whether, in an action for wrongful discharge, an employer may defend a termination solely for reasons given in a discharge letter. The court says y. The internet provider cites the Montana Supreme Court’s holding in the case referred to as “Galbreath.” The holding in this case states that “any collateral reasons suggested by the evidence, other than the sole reason stated in the discharge letter, were irrelevant, and therefore, inadmissible.” Because the Galbreath rule is an evidentiary rule predicated on the Montana Rules of Evidence, it has not been superseded by statutory amendments from 1999.
Court: Montana Supreme Court, Judge: Shea, Filed On: May 23, 2023, Case #: OP 22-0023, Categories: Evidence, Judiciary, employment Retaliation
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J. McShane denies summary judgment to the department of corrections for the corrections officer's claim that another officer sexually assaulted her, leading her to resign when rumors circulated that she consensually slept with the other officer to advance her career. A jury could reasonably assume that the corrections officer's co-workers retaliated against her for filing her complaint because the rumors and hostile work environment happened on a regular basis for nearly a year, to the point that she had to take leave multiple times to handle her anxiety and panic attacks, and the department of corrections' refusal to investigate the rumors could be construed as retaliation.
Court: USDC Oregon, Judge: McShane, Filed On: May 23, 2023, Case #: 6:21cv1267, NOS: Employment - Civil Rights, Categories: employment Discrimination, Whistleblowers, employment Retaliation
J. Neals rules against Catholic schools accused of giving a Jewish teacher a poor review and failing to take meaningful action after he complained that students had been throwing coins at him and about a swastika that had been carved into his classroom chalkboard and anti-Semitic comments that had been written on desks and furniture. A reasonable jury could find find that severe and persistent discrimination occurred based on the graffiti and coin throwing, as well as one student's plan to get a cake for Hitler's birthday, and the swastika remained in the classroom despite the teacher's numerous attempts to address it. Meanwhile, at least two teachers and three administrators visited the classroom throughout the year without noticing the graffiti or conduct, despite reports from other students about the anti-Semitism.
Court: USDC New Jersey, Judge: Neals, Filed On: May 23, 2023, Case #: 2:18cv16498, NOS: Other Civil Rights - Civil Rights, Categories: employment Discrimination
J. Mannion allows an employee, a Black, 75-year-old truck driver, to continue age and race discrimination claims concerning his termination. The employee and a younger, white driver had received the same traffic citation when a Pennsylvania state trooper pulled them over for speeding while they were hauling water together. When the employer learned about the incident, the employee had been fired after being scapegoated for a guardrail collision he had not caused, while his coworker got off with a warning. The employer failed to provide evidence of the employee's involvement in the collision, and his vehicle showed no signs of damage.
Court: USDC Middle District of Pennsylvania, Judge: Mannion, Filed On: May 23, 2023, Case #: 3:20cv2126, NOS: Employment - Civil Rights, Categories: employment, employment Discrimination
J. Patricco denies in part an employer's motion for summary judgment regarding an employee's wage claims and allegations of breach of contract. There is a genuine dispute of material fact as to whether the employee's transition plan was a contract and the related Wage Claim Act claim continues.
Court: USDC Idaho, Judge: Patricco, Filed On: May 23, 2023, Case #: 1:22cv82, NOS: Other Labor Litigation - Labor, Categories: employment
J. Garcia finds that the appellate division improperly held that a union contract bound the town to arbitrate termination of an exempt, confidential employee because under New York's civil service system, exempt-class employees, who include deputies and secretaries chosen by elected officials rather than assigned by merit, are understood to be at-will workers. Reversed.
Court: New York Court Of Appeals, Judge: Garcia, Filed On: May 23, 2023, Case #: 40, Categories: Arbitration, employment, Labor / Unions
J. Singas finds that the appellate division properly held that New York City police officers occupying tier three rankings for pension purposes could not apply non-police work performed earlier in their careers to retirement eligibility because retirement and social security law specifies that tier three participants should receive the same service credits as tier two members before July 1976 and should include only time spent on the police force. Affirmed.
Court: New York Court Of Appeals, Judge: Singas, Filed On: May 23, 2023, Case #: 39, Categories: employment, Pensions
J. Calabrese grants the employer's partial motion to dismiss, ruling the employee's wrongful disclosure claim under the Americans with Disabilities Act fails as a matter of law. The company's questions about her Covid-19 vaccination status, religious beliefs, and past vaccinations were not inquiries used to determine whether she was disabled. Meanwhile, Louisiana law applies to the employee's discrimination claims, which differs from Ohio law through the availability of punitive damages, because she worked and sustained her injuries in that state; therefore, that portion of her suit will also be dismissed.
Court: USDC Northern District of Ohio, Judge: Calabrese, Filed On: May 23, 2023, Case #: 5:22cv2281, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Choice Of Law, employment Discrimination
J. Freeman grants summary judgment to the employers in their employee's suit alleging that they failed to compensate him and other insurance adjusters for the full hours worked because they compensated adjusters for hours billed to clients, rather than actual hours worked, improperly classified adjusters as exempt and failed to provide proper breaks and reimburse adjusters for mileage. The employee was properly classified as an exempt administrative employee, no dispute of material fact remains as to whether he was properly reimbursed for mileage in a lump-sum payment, and the employee has not shown that his wage statements were in any way inaccurate nor that he is owed wages following his resignation. A state-law claim alleging unfair and unlawful business practices is derivative of those other claims, and the court declines to exercise supplemental jurisdiction under the California Private Attorneys General Act.
Court: USDC Northern District of California, Judge: Freeman, Filed On: May 22, 2023, Case #: 5:21cv819, NOS: Fair Labor Standards Act - Labor, Categories: employment, Jurisdiction, Labor
J. Carney finds in favor of the U.S. Department of Veteran Affair for the former blind rehabilitation specialist’s claim that she was fired from her probationary position at the Tibor Rubin VA Medical Center’s Blind Rehabilitation Center because she is a brown-skinned Hispanic who raised concerns about disparate workplace treatment, patient wait times and faulty equipment. The former employee does not show that the “legitimate, nondiscriminatory, nonretaliatory” reasons for her termination were pretextual, because they were based on her poor work performance and disrespectful conduct.
Court: USDC Central District of California, Judge: Carney, Filed On: May 22, 2023, Case #: 8:21cv1283, NOS: Employment - Civil Rights, Categories: employment, employment Discrimination, employment Retaliation
J. Chesney dismisses several employment claims against Skywest Airlines from a pilot who says the airline does not pay their California-based pilots proper overtime wages or provide proper meal breaks. The meal and rest break claims are preempted by the Federal Aviation Act. The pilot's expenditure reimbursement claim fails because he was not required to use his personal cell phone to clock in or to communicate with traffic controllers and dispatchers.
Court: USDC Northern District of California, Judge: Chesney, Filed On: May 22, 2023, Case #: 3:21cv4674, NOS: Fair Labor Standards Act - Labor, Categories: employment, Preemption
J. Loken finds a lower court properly dismissed a physician's civil rights claims against a board of medicine. The physician argued that he is entitled to declaratory judgment and injunctive relief to halt continuing physician disciplinary proceedings on charges that he accessed patient records during his residency at a hospital, and that the proceedings violate HIPAA and due process. However, the physician failed to exhaust State remedies. Affirmed in part.
Court: 8th Circuit, Judge: Loken, Filed On: May 22, 2023, Case #: 22-2442, Categories: Civil Rights, employment, Health Care
J. Mann finds that the lower court properly dismissed claims against an individual who was injured on the job and named a subcontracting company as a possible employer for her industrial insurance benefits. The company sued her with claims that by doing so, she broke an agreement that the company claimed waived her right to those benefits. But the law does not allow for employers to execute an agreement that waives those benefits, so the claims were without standing. The woman is awarded attorney fees on appeal. Affirmed.
Court: Washington Court Of Appeals, Judge: Mann, Filed On: May 22, 2023, Case #: 83748-6-I, Categories: employment, Insurance, Attorney Fees
J. Liu, upon review, finds the court of appeal improperly affirmed the trial court’s finding that the former employee is not subject to protection for complaining about unpaid wages. A protected disclosure under the relevant labor code encompasses reports of violations made to an agency even if the recipient already knows of the violation. Remanded.
Court: California Supreme Court, Judge: Liu, Filed On: May 22, 2023, Case #: S269456, Categories: Civil Rights, Agency, employment Retaliation