293 results for 'cat:"Civil Procedure" AND cat:"Employment"'.
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J. Palk denies the department's dismissal motion in this suit brought by a former budget analyst alleging racial discrimination and disability discrimination. The former employee, who worked in the Oklahoma Veterans Affairs Health Care System, sufficiently states a claim for racial discrimination based on "the removal of plaintiff from her job," along with certain alleged statements by her supervisor and an alleged failure to consider her for a position in public affairs.
Court: USDC Western District of Oklahoma , Judge: Palk, Filed On: July 18, 2023, Case #: 5:22cv359, NOS: Employment - Civil Rights, Categories: civil Procedure, employment, employment Discrimination
J. Rodriguez finds a lower court erred in dismissing a pro se case brought by a worker against her employer for alleged unpaid wages and other claims. The court dismissed the case on procedural grounds after finding the worker had not adequately pleaded the basis of her claims or that the claims were otherwise duplicative with a federal complaint, but in fact the worker had provided sufficient allegations, including regarding “the existence of a valid contract,” to proceed. Reversed in part.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: July 17, 2023, Case #: 08-23-00055-CV, Categories: civil Procedure, employment, Contract
J. Liu holds that an employee who is required to arbitrate his or her individual Attorneys General Act claims does not lose standing as an aggrieved employee to litigate Act claims in court for labor code violations experienced by other employees. The fact of the labor code violation itself confers standing, which does not evaporate by the enforcement of an arbitration provision that requires that the employee's individual claims be heard in a non-court forum. Reversed.
Court: California Supreme Court, Judge: Liu, Filed On: July 17, 2023, Case #: S274671, Categories: Arbitration, civil Procedure, employment
J. McFarland grants, in part, the city's motion to dismiss, ruling the Asian firefighter's failure to exhaust his administrative remedies through the EEOC bars his hostile work environment claims. However, because the firefighter was qualified for the promotions he sought but were eventually given to non-disabled, non-minority employees, he has established a viable discrimination claim.
Court: USDC Southern District of Ohio, Judge: McFarland, Filed On: July 11, 2023, Case #: 1:22cv652, NOS: Employment - Civil Rights, Categories: civil Procedure, employment Discrimination
J. Richardson grants the individual defendant's dismissal motion in this lawsuit alleging religion-based discrimination and retaliation under the Tennessee Human Rights Act and fraud under Tennessee law. The individual defendant, who is the alleged president of the defendant company, "cannot be held liable for discrimination or retaliation under the THRA." Also, the employee's complaint fails to adequately plead a fraud claim against the individual executive.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: July 11, 2023, Case #: 3:21cv923, NOS: Employment - Civil Rights, Categories: civil Procedure, employment, employment Discrimination
Per curiam, the circuit finds that the district court properly dismissed pro se civil rights claims in which an inmate sought poor-person status to bring wrongful termination claims against his former municipal employer. The inmate unsuccessfully challenged the denial of state disability retirement benefits and thus fell under the "three strikes" provision for poor-person prisoner claims deemed frivolous or lacking imminent danger, as dismissal for untimely or previously litigated claims may constitute a strike. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: June 30, 2023, Case #: 22-1134, Categories: civil Procedure, employment, Prisoners' Rights
J. Mazzant grants in part the motion to dismiss as to the individual officials in an employment discrimination case stemming from the firing of two employees due to a purported reduction in force at the Texas A&M Engineering Extension Service. The Eleventh Amendment bars the claims brought under the Texas Labor Code, plus the ADA and ADEA claims against two of the officials. Also, the employees' claims under the FMLA were not adequately pleaded.
Court: USDC Eastern District of Texas , Judge: Mazzant, Filed On: June 30, 2023, Case #: 4:21cv1005, NOS: Employment - Civil Rights, Categories: civil Procedure, Ada / Rehabilitation Act, employment Discrimination
Per curiam, the appellate division finds that a part time veterinarian assistant was properly denied unemployment benefits on grounds that she left her job voluntarily without good cause after expressing dismay about long hours and unpredictable scheduling. After finishing a shift, the assistant did not return to work; she initially received benefits but was charged with recoupment after misrepresenting that her job had ended due to lack of work. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 29, 2023, Case #: CV-22-2397, Categories: civil Procedure, employment
J. Wiley finds that an employer forfeited its right to compel the arbitration of a wrongful termination claim when it failed to timely pay arbitration fees. And the arbitrator lacked the authority to to cure the employer's breach of the arbitration agreement or stop the employee from withdrawing from arbitration. Affirmed.
Court: California Courts Of Appeal, Judge: Wiley, Filed On: June 28, 2023, Case #: B318880, Categories: Arbitration, civil Procedure, employment
J. Smith finds that the lower court properly granted summary judgment in favor of the school district in this lawsuit asserting a retaliation claim under the Texas Whistleblower Act. The school district sufficiently established its affirmative defense, arguing that the former employee "would have been, and was, terminated for substantiated misconduct." Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: June 21, 2023, Case #: 05-22-00384-CV, Categories: civil Procedure, Whistleblowers, employment Retaliation