4,441 results for 'cat:"Employment"'.
J. Anderson denies the employer defendants' motion to dismiss in part. The employers seek to dismiss the plaintiff plant worker's claim that she was "terminated or constructively discharged" in violation of a state law regarding Covid-19 vaccinations, arguing that the state law is preempted by federal law. However, the employers have failed to "overcome the presumption against preemption."
Court: USDC Western District of Tennessee , Judge: Anderson, Filed On: May 25, 2023, Case #: 1:22cv1123, NOS: Employment - Civil Rights, Categories: Civil Rights, employment, Preemption
J. Xinis grants T.J. Maxx’s motion for summary judgment following allegations of race discrimination brought by a former store manager. The manager, a Black woman, was fired, but she had several incidents of forgery in her record over her five years with the company. Also, other Black employees of similar stature were not discriminated against due to race and a Black person was hired in her place, so she lacks standing.
Court: USDC Maryland, Judge: Xinis, Filed On: May 25, 2023, Case #: 8:20cv3204, NOS: Employment - Civil Rights, Categories: employment, employment Discrimination, employment Retaliation
Per curiam, the appellate division finds that the lower court properly found for the city police department, which denied the applicant's request to be appointed as a probationary police officer. It is not arbitrary and capricious for an agency to provide no reason for its exercise of discretion in hiring decisions. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 25, 2023, Case #: 02831, Categories: employment
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J. McShane dismisses the former manufacturing technician's claims that the manufacturing company wrongfully fired her because it did not want to provide accommodations for her cataract and dry eye condition. Most of the former technician's claims prior to Apr. 25, 2018, are time-barred. As for the remaining disparate treatment claims, she does not present evidence that the manufacturing company reduced her pay and benefits or that it significantly changed her duties, and it had a reasonable cause to dismiss her due to her disrespect toward co-workers.
Court: USDC Oregon, Judge: McShane, Filed On: May 25, 2023, Case #: 6:20cv1201, NOS: Employment - Civil Rights, Categories: Civil Rights, employment, employment Discrimination
J. Skretny finds for the IRS in claims contending an employee had been denied accommodations for irritable bowel syndrome and Crohn's Disease and was ultimately fired because the employee failed to counter the IRS's contention that the employee had been fired for attendance issues. Meanwhile, the employee had been denied full-time telework accommodations before the Covid-19 pandemic struck, and thus that refusal is not comparable to the current matter.
Court: USDC Western District of New York, Judge: Skretny , Filed On: May 25, 2023, Case #: 1:20cv951, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, employment
J. Hillman rules against a home health company accused of misclassifying employees as exempt from overtime because a jury could conclude that other testifying employees were subject to a pattern of being denied overtime, and the parties did not have a definitive, mutual understanding that salaries would cover overtime hours worked.
Court: USDC New Jersey, Judge: Hillman , Filed On: May 25, 2023, Case #: 1:17cv1742, NOS: Fair Labor Standards Act - Labor, Categories: employment
J. Fish denies, in part, an employer and insurer's motions to dismiss a father's claims for insurance coverage for his son, who has behavioral and mental health issues. He has sufficiently pleaded his claim for coverage pertaining to a facility that specializes in treating minors with mental health issues.
Court: USDC Northern District of Texas , Judge: Fish, Filed On: May 24, 2023, Case #: 3:22cv1919, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: employment, Insurance
J. Broderick finds for the employees in a wage and hour suit, entering a default judgment against the employer. The employees shall be awarded damages of $10,000, plus attorneys fees of $3,300.
Court: USDC Southern District of New York, Judge: Broderick, Filed On: May 24, 2023, Case #: 1:18cv2843, NOS: Fair Labor Standards Act - Labor, Categories: employment, Damages
J. Crytzer partially grants the employer defendants' summary judgment motion in this lawsuit brought by a former employee under the Americans with Disabilities Act and the Tennessee Public Protection Act. The employers are entitled to summary judgment on the employee's claim that they failed to accommodate him or engage in the interactive process. The employee did not request an accommodation or return certain documents that were provided to request an accommodation under the ADA.
Court: USDC Eastern District of Tennessee , Judge: Crytzer, Filed On: May 24, 2023, Case #: 2:20cv256, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, employment
J. Brown finds the circuit court properly granted summary judgment to the water authority in this wrongful termination suit. No genuine issue of material fact exists in relation to the former employee’s claims under the Arkansas Whistleblower Act or the Arkansas Civil Rights Act. The employee failed to refute the evidence that he was terminated for the legitimate, nondiscriminatory reasons of failing to meet expectations and for insubordination and harassment. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown, Filed On: May 24, 2023, Case #: CV-21-252, Categories: Evidence, employment Retaliation
J. Gravois finds that the trial court should not have granted the Board of Examiner's exception of no cause of action on a river boat pilot's claim that he was improperly forced into retirement. While Act 902 of 2004 may have established a mandatory retirement age for river pilots, the statute neither confers nor denies a right of action to a commissioned river pilot aggrieved by the alleged actions of the Board. Reversed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: May 24, 2023, Case #: 22-CA-519, Categories: Administrative Law, employment, Contract
J. Stratton finds the trial court improperly found in favor of the tax auditor, awarding him over $425,000 on his claim that the administration retaliated against him for filing an internal complaint with its equal opportunity office. The court erred in admitting evidence of activity occurring before the office complaints were filed. Admission of the first complaint and supplement, which as a matter of law was not a complaint about retaliation, was also prejudicial against the administration. Reversed.
Court: California Courts Of Appeal, Judge: Stratton, Filed On: May 24, 2023, Case #: B309007, Categories: Evidence, employment Retaliation
J. Fleming grants the employer's motion to intervene, ruling that because the fired employee's claims regarding the coworker's breach of a commission agreement are directly related to whether the employer was contractually allowed to fire the employee, it has a legitimate purpose to be included in the suit. Therefore, because the request was made in a timely manner and the lawsuit has hardly progressed since being filed, the employer will be included in the case moving forward.
Court: USDC Northern District of Ohio, Judge: Fleming, Filed On: May 24, 2023, Case #: 1:22cv638, NOS: Other Contract - Contract, Categories: Civil Procedure, employment, Contract
J. Chutkan denies, in part, the government's motion to dismiss discrimination and retaliation claims filed by a veteran and former worker with the Department of Housing and Urban Development. He has adequately pleaded his claims for age and disability discrimination.
Court: USDC District of Columbia, Judge: Chutkan , Filed On: May 24, 2023, Case #: 1:21cv2709, NOS: Other Statutory Actions - Other Suits, Categories: Veterans, employment Discrimination, employment Retaliation
J. Trauger partially grants the defendant company's motion for summary judgment in this breach of contract lawsuit alleging that the company failed to properly pay a worker certain commissions under a verbal contract. The company is entitled to judgment on the claim that it breached the agreement by terminating the relationship and stopping commission payments in connection with a certain account.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: May 24, 2023, Case #: 3:22cv158, NOS: Other Contract - Contract, Categories: employment, Contract
J. Traum denies a grocery store’s motion for summary judgment as to the employee’s negligent retention and sexual harassment claims arising from another employee’s harassing behavior. The employee made several complaints that were not followed up on, and the manager eventually told the other employee about who was making the complaint, violating the policy of anonymity. The employee has presented genuine disputes of material fact as to both her negligent retention and sexual harassment claims, as the harassment occurred frequently enough to be considered pervasive. As she has conceded her retaliation claim, summary judgment is granted the grocery on this claim only.
Court: USDC Nevada, Judge: Traum, Filed On: May 24, 2023, Case #: 2:21cv2066, NOS: Other Labor Litigation - Labor, Categories: Civil Rights, employment Retaliation
J. Gonzalez dismisses claims for disability discrimination under the American Disability Act and Rehabilitation Act asserted by a self-represented litigant alleging she was fired by her former employer, an unspecified service company located in JFK Airport, because she suffers from a learning disability, depressive disorder, ADHD and several physical injuries. However, she asserts her claims only against a former coworker and an attorney hired to defend her former employer in connection with her EEOC charge, and as such claims under the ADA and Rehabilitation Act do not provide for individual liability.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: May 24, 2023, Case #: 1:22cv7858, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, employment Discrimination
J. Carnes finds that the district court improperly found in favor of the employer in an action brought by the deaf employee alleging that the employer violated the ADA by failing to provide him with a sign language interpreter on several occasions and by failing to give him text message summaries of nightly pre-shift safety meetings. A factfinder could reasonably find that the employee's inability to understand or participate in the meetings adversely affected the terms of his employment. There is also evidence that the employee's ability to participate in disciplinary proceedings involving attendance issues was also an essential part of the job which affected his pay raise. Reversed.
Court: 11th Circuit, Judge: Carnes, Filed On: May 24, 2023, Case #: 21-13083, Categories: Ada / Rehabilitation Act, employment Discrimination