65 results for 'cat:"Employment" AND cat:"Due Process"'.
J. Hagedorn finds the circuit court and court of appeals properly upheld the police oversight board's decision affirming the chief of police's decision to fire the officer after an internal investigation into Facebook posts the officer made in the days and months after the 2018 arrest of Milwaukee Bucks player Sterling Brown, posts which the chief described as "inappropriate, disrespectful and defamatory." The officer's procedural challenges to his termination fail, including because there was no infringement of due process in the chief's explanation to the officer about what policies he violated, evidence supporting the violations and why he was being fired instead of receiving less severe discipline, and his opportunity to respond and defend himself against the charges. Affirmed.
Court: Wisconsin Supreme Court, Judge: Hagedorn, Filed On: April 30, 2024, Case #: 2020AP000333, Categories: employment, due Process, Police Misconduct
J. Miller finds that the trial court properly concluded that a doctor did not have a right to a hearing before his application for privileges at two hospitals was denied. The doctor had a history of unprofessional behavior at other hospitals and was the subject of a disciplinary order and public reprimand by the state medical board. The hospitals' agreement with the doctor's medical group, which established the eligibility requirements, disallowed staff privileges for doctors with such histories, and the hospitals have quasi-legislative authority to establish the requirements. Affirmed.
Court: California Courts Of Appeal, Judge: Miller, Filed On: April 25, 2024, Case #: A166748, Categories: employment, due Process, Contract
J. Robie finds that the trial court properly rejected a civil service employee's claim that her due process rights were violated when she was denied a Skelly hearing. Skelly hearings are only available upon notice of an adverse employment action, and she chose a voluntary demotion rather than face what she was told would be possible termination. Affirmed.
Court: California Courts Of Appeal, Judge: Robie, Filed On: April 23, 2024, Case #: C097235, Categories: employment, due Process
J. Huffaker grants summary judgement in favor of an Auburn University associate dean for academic affairs and director of administration business and finance in this employment dispute brought by a former scholarship advisor after being investigated for falsifying an administrative assistant’s timecard. The scholarship advisor alleges she was put on administrative leave with pay and then terminated without an adequate pre-termination hearing. She argues her procedural due process rights were violated for not receiving the adequate pre-termination hearing. The court concluded the evidence shows that she received sufficient notice and had an opportunity to respond.
Court: USDC Middle District of Alabama, Judge: Huffaker, Filed On: April 19, 2024, Case #: 3:22cv504, NOS: Employment - Civil Rights, Categories: employment, due Process
J. Huffaker grants summary judgement in favor of an Auburn University associate dean for academic affairs in this employment dispute brought by a former coordinator of student services after watching a sensitive video on a colleague’s computer. The coordinator was put on paid administrative leave and later terminated without a pre-termination hearing, but her termination was upheld when she challenged it through the university’s grievance process. She argues her procedural due process rights were violated because she did not have an adequate pre-termination hearing. The court concluded the evidence shows that she received sufficient notice and had an opportunity to respond, and that her post-termination process was procedurally adequate.
Court: USDC Middle District of Alabama, Judge: Huffaker, Filed On: April 19, 2024, Case #: 3:22cv176, NOS: Employment - Civil Rights, Categories: employment, due Process
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J. Brnovich grants a city's motion to dismiss a former peace officer's wrongful termination claims based on his religion as a member of the Fundamentalist Church of Jesus Christ of Latter-Day Saints. The city sufficiently showed that the former peace officer was fired for not obtaining certification under the Arizona Police Officer Standards and Training Board, and not for being a member of a religious sect.
Court: USDC Arizona, Judge: Brnovich, Filed On: April 16, 2024, Case #: 3:23cv8506, NOS: Employment - Civil Rights, Categories: Civil Rights, employment, due Process
J. Silva grants the city's motion for summary judgment on a black former police chief's allegations the president of the police union discriminated against her on the basis of race and sex. Though the chief was hired to facilitate departmental change with support from the city, complaints were lodged after she began implementing new procedures, particularly that involving discipline for officer misconduct. The union president says the chief lacked accountability, creating greater division within the department. As the chief's subordinate, the union president is not liable for the chief's termination or any alleged due process violation.
Court: USDC Nevada, Judge: Silva , Filed On: April 5, 2024, Case #: 2:20cv1761, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, due Process, employment Discrimination
J. Urbanski denies the university's motion to dismiss due process claims. A Ph.D candidate claimed his male supervisor routinely discriminated against him because the supervisor preferred women he could attempt to seduce. The supervisor received a grant from research the candidate did in his lab but instead of giving the research stipend to the male candidate he gave it to a female candidate he was supposedly in a romantic relationship with. The male candidate claims that after he reported the supervisor's actions the supervisor began a retaliation campaign consisting of harsh work assignments and creating a hostile lab environment. During this time the male candidate was accused of sexual assault by a classmate who the male candidate claims did not seek to pursue the candidate's dismissal from the university until the supervisor influenced her to do so. The process moved quickly and the university, supposedly under the supervisor's tutelage, refused to give the male candidate an extension for collecting evidence to defend himself from the accusation.
Court: USDC Western District of Virginia, Judge: Urbanski, Filed On: April 2, 2024, Case #: 7:21cv378, Categories: Education, due Process, employment Retaliation
J. Hurd dismisses claims for due process, age discrimination and equal protection against an Upstate New York municipality and its town board members alleging they unlawfully reduced and altered a retired officer’s medical insurance benefits and subsequently remands his remaining state law claims back to New York Supreme Court. Notably, his due process claim fails because he fails to allege that he has a cognizable property interest in his retiree health benefits.
Court: USDC Western District of New York, Judge: Hurd, Filed On: March 26, 2024, Case #: 5:23cv1467, NOS: Other Civil Rights - Civil Rights, Categories: due Process, Equal Protection, employment Discrimination
J. Jennings grants the employer's motion for summary judgment on a former worker's claims of constructive discharge, disability discrimination, hostile work environment, retaliation, and wage and hour law violations. The employee was told she could not use overtime hours to complete work notes. She did not inform the employer she was working overtime rather than using flex time, and there was no way for the employer to know otherwise. The employee did not respond to the employer's motion for summary judgment within the allotted time, even after an extension was granted.
Court: USDC Western District of Kentucky, Judge: Jennings , Filed On: March 22, 2024, Case #: 3:21cv733, NOS: Other Civil Rights - Civil Rights, Categories: Evidence, due Process, employment Discrimination
J. Boom grants the Secretary of Defense's motion to affirm the Merit Systems Protection Board’s determination that the Defense Commissary Agency lawfully terminated the employee. The employee was placed on administrative leave after allegations of sexual harassment were made against him, and consistent allegations by multiple women support the decision. The agency detailed all factors and the board thoroughly considered its analysis and the employee's arguments, and correctly concluded termination was reasonable.
Court: USDC Western District of Kentucky, Judge: Boom , Filed On: March 19, 2024, Case #: 5:22cv61, NOS: Other Civil Rights - Civil Rights, Categories: Government, due Process, employment Retaliation
J. Ramirez finds the district court properly granted the employer's motion for summary judgment on worker's employment discrimination action. After having been absent from work for 18 months on a 12-month leave under the Family and Medical Leave Act, the employee continued spending unapproved time off work to care for her ailing father, and an investigation revealed she had been paid for 99 hours for time she did not work. Furthermore, after she was required to use personal sick days for time missed due to Covid-19, she threatened to infect her co-workers. Affirmed.
Court: 5th Circuit, Judge: Ramirez , Filed On: March 19, 2024, Case #: 23-40404, Categories: employment, due Process, Covid-19
Per curiam, the circuit finds the district court improperly granted Amazon's motion to dismiss an employment discrimination claim filed by an employee who experienced exhaustion based on a task he says only men were assigned to because of its physical rigor. The court granted the motion based on failure to state a claim, being there was no ultimate employment decision at question. However, the circuit has previously held that “a plaintiff need only show that [he or] she was discriminated against, because of a protected characteristic." Vacated.
Court: 5th Circuit, Judge: Per curiam, Filed On: February 20, 2024, Case #: 23-10556, Categories: due Process, employment Discrimination, employment Retaliation
J. Velez-Rive vacates a default judgment granted to the employee against the employer. The employee has not proven that he properly served the employer, the employer has provided a satisfactory explanation for its failure to timely appear, and there are exceptional circumstances warranting setting aside the judgment. The employee has also not shown that vacating the judgment would prejudice him.
Court: USDC Puerto Rico, Judge: Velez-Rive, Filed On: February 15, 2024, Case #: 3:18cv1075, NOS: Employment - Civil Rights, Categories: employment, due Process
J. Cole denies the city's motion to dismiss, ruling the position of the fire chief is a public employment position for which the employee can only be fired for cause, which creates a property interest protected by due process and allows the former chief to bring his due process claims. Furthermore, because the termination letter published by the city was written as a formal way to inform the public of its decision, statements about the chief's workplace culture and possible misconduct are "falsifiable statements of fact" that allow the chief's defamation claim to proceed.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: February 7, 2024, Case #: 1:23cv230, NOS: Employment - Civil Rights, Categories: employment, Defamation, due Process
Per curiam, the circuit finds that the district court properly dismissed class due process claims when the New York City Fire Department instituted a Covid-19 vaccination mandate and suspended or fired employees not in compliance. A federal due process violation would not have occurred even if state collective bargaining procedures were not followed in making vaccination a new work condition because plaintiffs received adequate notice of the change and an opportunity to seek accommodation. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: February 6, 2024, Case #: 23-663, Categories: employment, due Process, Covid-19
Per curiam, the circuit finds the district court properly found for Louisiana Tech on a doctoral student's discrimination and due process claims arising from her resignation from the program after the faculty reviewed her research paper as poor. There is no evidence the university failed to investigate the student's due process complaint, or that it acted in bad faith in conducting its review. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: February 5, 2024, Case #: 23-30504, Categories: Education, due Process, employment Discrimination
J. Jackson dismisses a former teacher's contract and due process claims against the district after it failed to rehire him, allegedly in violation of the parties' settlement agreement. The agreement did not contain any obligation the district rehire him, nor has he sufficiently alleged a due process violation.
Court: USDC District of Columbia, Judge: Jackson, Filed On: January 31, 2024, Case #: 1:22cv2137, NOS: Other Civil Rights - Civil Rights, Categories: employment, due Process, Contract
J. Barrett finds the board of review improperly affirmed the denial of unemployment benefits to the nurse. The board denied the nurse benefits based on its claim she made false statements on her application. The board merely adopted the appeal tribunal's decision and did not make findings of fact substantially supporting its decision. Reversed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: January 24, 2024, Case #: E-22-557, Categories: employment, Insurance, due Process
J. Duffin partially grants the public schools district officials' motion to dismiss a lawsuit from a former employee claiming she was targeted for retaliation and discrimination as a white woman because she opposed the promotion of an unqualified Black male to the position of chief academic officer. The employee's claims under the Fair Labor Standards Act and a Wisconsin labor statute are dismissed, as are her constitutional claims against the district and members of the district's board of directors in their official capacities. Her federal-law race and sex discrimination claims, public records claims against the district and the board, and a First Amendment claim against one board member in her individual capacity survive the motion to dismiss.
Court: USDC Eastern District of Wisconsin, Judge: Duffin, Filed On: January 19, 2024, Case #: 2:23cv948, NOS: Fair Labor Standards Act - Labor, Categories: due Process, employment Discrimination, employment Retaliation
Per curiam, the circuit finds that the district court properly dismissed due process claims stemming from a court security officer's removal from the U.S. Marshals program and his termination. The security officer admitted he directed another officer to take his brother, a convicted felon with past mental health issues, to do repairs at a judge's house and left him there with the judge, but he contends he had neither been provided the evidence against him nor permitted to explain that his brother had performed past work for the judge, who requested his services a second time. However, the officer's own admission and letters outlining the objectionable conduct provided sufficient notice. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: January 12, 2024, Case #: 23-778-cv, Categories: employment, due Process
J. Quattlebaum finds the lower court improperly dismissed the employee's claims for being time-barred. The university fired the employee in April 2019 after a graduate student submitted a report that the two were dating while she was a student. The employee unsuccessfully appealed the university's decision in June of 2019. Two years later, in May of 2021, she brought federal due process claims within two years of the university's decision to deny her appeal. Reversed.
Court: 4th Circuit, Judge: Quattlebaum , Filed On: January 9, 2024, Case #: 22-1441, Categories: Education, due Process, employment Discrimination