8 results for 'cat:"Employment" AND cat:"Evidence" AND cat:"Covid-19"'.
J. Gibbons finds the district court improperly denied the "gig" worker's petition for review of his liability for overpayment of pandemic assistance benefits. The appeals referee made no findings demonstrating he considered the nuances of the gig economy or whether a diminution of usual services occurred due to the pandemic. The referee improperly relied on the worker's testimony he had no job offers retracted due to the pandemic to conclude he was an unreliable witness. Reversed.
Court: Nevada Court of Appeals, Judge: Gibbons , Filed On: April 24, 2024, Case #: 85942-COA, Categories: employment, evidence, covid-19
J. Virden finds the Board of Review properly upheld the appeal tribunal's decision the recipient must repay almost $16,000 in unemployment and pandemic assistance benefits. The overpayment was a result of the agency's receiving insufficient information to determine the recipient's last place of work, not due to agency error. The recipient also fails to satisfy her unemployment-waiver analysis. Affirmed in part.
Court: Arkansas Court Of Appeals, Judge: Virden , Filed On: November 15, 2023, Case #: E-22-457, Categories: employment, evidence, covid-19
J. Doughty denies a request by the Postmaster General to dismiss a claim by a white female employee that she was fired in retaliation for filing a race-based discrimination complaint with the E.E.O.C. Although the local postmaster has clearly articulated legitimate, non-discriminatory reasons for termination of the 26-year postal veteran from a temporary position related to the COVID-19 pandemic, it can be inferred from the “slightly ambiguous” record that her termination and the filing of her E.E.O.C. complaint were within a few days of each other. Therefore, a genuine issue of material fact exists regarding the retaliation claim.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: November 14, 2023, Case #: 3:21cv3882, NOS: Employment - Civil Rights, Categories: evidence, covid-19, employment Retaliation
J. Thyer finds the Arkansas Board of Review improperly granted unemployment benefits to the former employee. The employee failed to produce evidence to substantiate his medical and religious objections to the employer’s vaccine mandate. There was, therefore, insufficient evidence to support the board’s finding that the employee had good cause for ending his employment. Reversed.
Court: Arkansas Court Of Appeals, Judge: Thyer, Filed On: October 18, 2023, Case #: E-22-519, Categories: employment, evidence, covid-19
J. Gruber finds the Arkansas Board of Review properly affirmed the Division’s determination that the employee must repay $3,040 in unemployment benefits. After receiving state benefits as well as pandemic assistance, the Division advised the recipient of her disqualification because, as a temp worker, she did not show good cause for failing to contact the agency for reassignment. The evidence supports that the benefits recipient failed to satisfy the state-waiver analysis. The matter is remanded for further findings regarding whether she is required to repay pandemic assistance. Affirmed in part. Remanded in part.
Court: Arkansas Court Of Appeals, Judge: Gruber, Filed On: October 18, 2023, Case #: E-22-373, Categories: employment, evidence, covid-19
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Brennan grants the bank's motion for summary judgment, ruling it had a legitimate reason to fire the female branch manager as part of a reduction in force during the Covid-19 pandemic because she failed to meet sales goals and was in her probationary period. None of the male managers cited performed as poorly as the fired employee; therefore, there is insufficient evidence to support her discrimination claims.
Court: USDC Northern District of Ohio, Judge: Brennan, Filed On: September 11, 2023, Case #: 1:21cv1436, NOS: Employment - Civil Rights, Categories: evidence, covid-19, employment Discrimination
J. Hall grants, in part, the employer's motion for summary judgment, ruling that while the 61-year-old employee was effectively replaced by a younger employee, the employer had a legitimate reason to fire him as part of a cost-cutting strategy during the Covid-19 pandemic, which significantly impacted the company's finances and forced it to downsize.
Court: USDC Connecticut, Judge: Hall, Filed On: September 8, 2023, Case #: 3:21cv1435, NOS: Family and Medical Leave Act - Labor, Categories: evidence, covid-19, employment Discrimination
J. Oliver grants the employer's motion for partial judgment on the pleadings, ruling two comments made by supervisors are insufficient to support the white male employee's claims of sex and race discrimination and do not show any bias on the part of the company. Meanwhile, the intentional tort claim based on allegations the employee was infected with Covid-19 after the employer allowed two sick individuals to finish their shifts without proper safety equipment must also be dismissed because there is no evidence the employer wanted to injure the worker.
Court: USDC Northern District of Ohio, Judge: Oliver, Filed On: June 14, 2023, Case #: 1:22cv1333, NOS: Fair Labor Standards Act - Labor, Categories: evidence, covid-19, employment Discrimination