289 results for 'cat:"Civil Procedure" AND cat:"Employment"'.
J. Nagala grants, in part, the employer's motion to dismiss, ruling the employee's hostile work environment claims are in no way related to the charges raised in her administrative complaint with the Connecticut Commission on Human Rights and Opportunities and, therefore, must be dismissed for a failure to exhaust administrative remedies. Furthermore, the employer's decision to send the employee home on a day where she experienced extreme morning sickness and her ultimate termination for "a lot of medical issues" cannot be used as the basis for an emotional distress claim.
Court: USDC Connecticut, Judge: Nagala, Filed On: December 7, 2023, Case #: 3:23cv684, NOS: Employment - Civil Rights, Categories: civil Procedure, Emotional Distress, employment Discrimination
J. McCaffery finds that the trial court improperly granted summary judgment in favor of a construction business owner in this negligence action in which a former employee seeks damages for a work-related injury suffered while operating a skid loader. The record contains genuine issues of material fact concerning whether the construction company owner is statutorily immune from liability under the Pennsylvania’s Workers’ Compensation Act. Reversed.
Court: Pennsylvania Superior Court, Judge: McCaffery, Filed On: December 7, 2023, Case #: J-E01001-23, Categories: civil Procedure, employment, Negligence
J. Moore finds that the trial court applied outdated standards when granting summary judgment to an employer on sexual harassment and hostile work environment claims. While it properly dismissed most of the employee's claims, she raised a triable issue of fact about whether any harassment occurred and whether the employer took prompt corrective action once it knew about the harassment. Also, the employer improperly included nonmaterial facts in its overly long separate statements of material fact. Reversed in part.
Court: California Courts Of Appeal, Judge: Moore, Filed On: December 5, 2023, Case #: G062736, Categories: civil Procedure, employment
Per curiam, the circuit finds that the district court improperly dismissed pro se discrimination claims brought after an employer failed to approve medical and religious exemptions to vaccination requirements. Dismissing the action for failure to prosecute was premature because the employee may not have understood that responsibility for service had been shifted to her when marshals could not initially accomplish such.
Court: 2nd Circuit, Judge: Per curiam, Filed On: November 30, 2023, Case #: 23-463-cv, Categories: civil Procedure, employment Discrimination
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J. Lazarus finds that the lower court properly entered a verdict against an insurance call center owner in this case alleging he failed to pay an employee as agreed upon under the terms of an employment contract after inducing him to move from Florida to Pennsylvania for the gig. The court did not abuse its discretion in ruling against the owner based on the facts presented in the case. Affirmed.
Court: Pennsylvania Superior Court, Judge: Lazarus, Filed On: November 29, 2023, Case #: J-A13017-23, Categories: civil Procedure, employment, Contract
J. England denies, in part, an employer’s motion for partial summary judgment on a law enforcement consultant’s retaliation action. Claim preclusion based on her previously-filed qui tam action does not apply, as her current allegations regarding retaliatory conduct were not raised in the prior case.
Court: USDC Eastern District of California, Judge: England, Filed On: November 21, 2023, Case #: 2:15cv1951, NOS: Employment - Civil Rights, Categories: civil Procedure, employment Retaliation
J. Helmick grants the university's motion to dismiss, ruling the black employee's failure to file her administrative complaint with the EEOC within 300 days of her termination rendered that filing untimely and, therefore, she failed to properly exhaust her administrative remedies before she filed this federal lawsuit.
Court: USDC Northern District of Ohio, Judge: Helmick, Filed On: November 21, 2023, Case #: 3:23cv1022, NOS: Employment - Civil Rights, Categories: civil Procedure, employment Discrimination
J. Elgo finds the lower court properly granted the employer's motion to dismiss the former employee's discrimination complaint as untimely. She failed to file the lawsuit until six months after the Commission on Human Rights and Opportunities relinquished jurisdiction of the case, well past the 90-day limit imposed by state law. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: November 17, 2023, Case #: AC45220, Categories: civil Procedure, employment Discrimination
J. Pawar finds that the lower court erroneously granted the employer's motion to dismiss the employee's minimum wage complaint as untimely. The employee in this case filed only minimum wage claims that seek damages for determinable debts subject to the state's general 6-year filing deadline. Reversed.
Court: Colorado Court Of Appeals, Judge: Pawar, Filed On: November 16, 2023, Case #: 2023COA109, Categories: civil Procedure, employment
J. Vance denies a request by a mental health clinic to dismiss for lack of jurisdiction the disability discrimination claim of a paraplegic social worker, who alleges the clinic withdrew a job offer after learning she used a wheelchair for mobility and provides services to clients from the back of her handicap van, which is driven by her personal nurse. Each of the clinic’s objections are non-jurisdictional and, therefore, not properly asserted. As the employer’s objections relate to the substantive adequacy of the litigant’s Americans with Disabilities Act claim, its objections must be raised in a separate request challenging the merits of her claim.
Court: USDC Eastern District of Louisiana , Judge: Vance, Filed On: November 13, 2023, Case #: 2:23-cv-02129, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: civil Procedure, Ada / Rehabilitation Act, employment Discrimination
J. Williams grants the employer's motion to dismiss, ruling the black bus driver's Americans with Disabilities Act claims against supervisors and coworkers must be dismissed. The ADA does not allow for claims against individuals, while her failure to exhaust any administrative remedies prior to filing her race and sex discrimination claims bars those portions of her lawsuit.
Court: USDC Connecticut, Judge: Williams, Filed On: November 8, 2023, Case #: 3:22cv90, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: civil Procedure, Ada / Rehabilitation Act, employment Discrimination
J. Kyzar finds that the trial court erred in granting the exception of prescription in favor of the company member in the former employee's suit to recover unpaid wages and commissions. The timely filed suit against the company interrupted prescription as to the member. Reversed.
Court: Louisiana Court Of Appeal, Judge: Kyzar, Filed On: November 8, 2023, Case #: CA-23-166, Categories: civil Procedure, employment
J. King declines to reconsider a discovery order in claims contending employees had not been paid for time spent commuting to and from retail job sites because the court already ruled on the discovery request for global positioning systems stored on the employees' electronic devices, and this motion simply asks the court to reevaluate the same facts and legal arguments.
Court: USDC New Jersey, Judge: King , Filed On: November 7, 2023, Case #: 1:22cv1998, NOS: Fair Labor Standards Act - Labor, Categories: civil Procedure, employment
J. Nugent denies CSX's motion to dismiss, ruling that although the employee litigated an administrative claim through the Federal Railway Safety Act, she did not waive her right to bring this federal lawsuit, which was filed before the final administrative decision and as a result of CSX and its employees' failure to comply with the investigation under the Act.
Court: USDC Northern District of Ohio, Judge: Nugent, Filed On: November 1, 2023, Case #: 1:23cv1043, NOS: Other Labor Litigation - Labor, Categories: civil Procedure, employment Retaliation