207 results for 'cat:"Employment" AND cat:"Evidence"'.
J. Henderson grants the employer's motion for summary judgment, ruling the employee's FMLA interference claims fail. He was allowed to go on leave immediately after he injured his shoulder, while his reinstatement was denied as a result of a lack of "light duty" jobs required because of restrictions from his doctor. Meanwhile, the invasion of privacy claim based on the use of a private investigator to ascertain whether the employee performed manual labor tasks outside of work while on medical leave must also be dismissed. The investigator was in public view the entire time he recorded the employee and did not trespass on private property to obtain the footage.
Court: USDC Northern District of Ohio, Judge: Henderson, Filed On: May 15, 2024, Case #: 5:23cv1446, NOS: Family and Medical Leave Act - Labor, Categories: evidence, Privacy, employment Retaliation
J. Dlott denies both summary judgment motions, ruling the employee is not entitled to judgment on his failure to accommodate claim. It was not pleaded separately from the Americans with Disabilities Act retaliation claim and is intertwined with that claim such that they must be decided together. Meanwhile, emails between management employees create a question of fact as to whether the employer believed the employee was disabled after a stroke affected his quality of work, while evidence of similarly-situated employee who were never disciplined for similar quality control issues allows the suit to proceed.
Court: USDC Southern District of Ohio, Judge: Dlott, Filed On: May 14, 2024, Case #: 1:19cv999, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, evidence, employment Discrimination
J. Rose denies the employer's motion for summary judgment, ruling a determination of whether the Christian employee's objection to the Covid-19 vaccine was a sincerely held religious belief requires a credibility assessment that cannot be made at this stage of litigation, while neither party has submitted evidence of whether a reasonable accommodation was available or offered at the time of her termination.
Court: USDC Southern District of Ohio, Judge: Rose, Filed On: May 13, 2024, Case #: 3:22cv370, NOS: Other Civil Rights - Civil Rights, Categories: evidence, Covid-19, employment Discrimination
J. Rose denies the employer's motion for summary judgment, ruling a determination of whether the Christian employee's objection to the Covid-19 vaccine was a sincerely held religious belief requires a credibility assessment that cannot be made at this stage of litigation, while neither party has submitted evidence of whether a reasonable accommodation was available or offered at the time of her termination.
Court: USDC Southern District of Ohio, Judge: Rose, Filed On: May 13, 2024, Case #: 3:22cv370, NOS: Other Civil Rights - Civil Rights, Categories: evidence, Covid-19, employment Discrimination
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J. Worthen finds the trial court properly granted the city's motion for summary judgment. The probationary patrol officer, who was prescribed Percocet for pain management of pancreatitis, was terminated for failure to perform his duties. Sufficient evidence shows the officer was unable to satisfactorily perform the duties of his job. No error is found in the court's exclusion of evidence of the city's background check on the officer. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: May 8, 2024, Case #: 12-23-00289-CV, Categories: employment, evidence, Municipal Law
J. Johnson denies summary judgment to a maintenance company on its argument a black employee’s racial bias claim should be dismissed. His supervisor allegedly referred to him with racist profanity with another employee outside the litigant’s presence. The Fifth Circuit recognizes that while "a single instance of a racial epithet does not, in itself, support a claim of hostile work environment,” perhaps “no single act can more quickly alter the conditions of employment and create an abusive working environment than the use of an unambiguously racial epithet such as [the N-word] by a supervisor in the presence of his subordinates.”
Court: USDC Middle District of Louisiana, Judge: Johnson, Filed On: May 8, 2024, Case #: 3:22cv560, NOS: Employment - Civil Rights, Categories: evidence, employment Discrimination, Labor
J. Ashe grants summary judgment to a shoreside employer and against its loader-operator on spud barges, rejecting the employee’s claims he is entitled to a seaman’s status and benefits after he was knocked into a canal while unloading limestone from a barge. The employee is not a seaman because he did not engage in sea-based or seagoing activity and did not sail with his employer’s vessels. The undisputed evidence shows that the employee nearly always worked on vessels that were only a gangplank away from shore.
Court: USDC Eastern District of Louisiana , Judge: Ashe, Filed On: May 3, 2024, Case #: 2:23cv2570, NOS: Marine - Contract, Categories: employment, evidence, Maritime
J. Garcia denies all parties' motions for summary judgment, ruling the bus drivers' cited evidence fails to establish all necessary elements for their retaliation and discrimination claims and, therefore, precludes judgment in their favor. Meanwhile, the drivers' claims regarding the employer's failure to properly sanitize buses or use hypoallergenic sanitizers in the wake of Covid-19 are not preempted by the National Transit Systems Security Act because the complaint filed with OSHA before this suit was filed was dismissed by the agency.
Court: USDC Connecticut, Judge: Garcia, Filed On: May 3, 2024, Case #: 3:22cv217, NOS: Employment - Civil Rights, Categories: evidence, Preemption, employment Retaliation
J. Sargus denies Lowe's motion for summary judgment, ruling that while the store manager's poor performance gave it a legitimate reason to fire him, its decision to terminate him less than 10 days into a performance improvement plan and "shifting justifications" for his termination - including his response to a store fire while he was on vacation and the acceleration of his performance improvement timeline - would allow a reasonable jury to consider its reasons a pretext for age discrimination.
Court: USDC Southern District of Ohio, Judge: Sargus, Filed On: May 2, 2024, Case #: 2:22cv4162, NOS: Employment - Civil Rights, Categories: evidence, employment Discrimination
J. Klappenbach finds the board of review improperly found the unemployment benefits recipient was disqualified from receiving benefits because she refused to accept an offer of work. The recipient applied for benefits after being laid off from Family Dollar. She was the only witness, denying she was offered a job, saying she had gone to an interview to discover the job she interviewed for was not the for which she had applied. Substantial evidence does not support the board's decision. Reversed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: May 1, 2024, Case #: E-23-135, Categories: employment, evidence, Insurance
J. Oliver grants the employer's motion to dismiss, ruling the employee failed to establish a prima facie case for either disparate treatment or hostile work environment. She did not suffer an adverse employment action, but rather resigned of her own accord. The employee was not demoted or fired, and although she claims her resignation was a constructive discharge, the coworker who harassed her repeatedly was not working for the employer at the time and, therefore, she cannot satisfy pleading requirements.
Court: USDC Connecticut, Judge: Oliver, Filed On: April 30, 2024, Case #: 3:23cv1069, NOS: Employment - Civil Rights, Categories: employment, evidence
J. Trauger grants the restaurant defendants' motion for summary judgment in this lawsuit brought by a former employee alleging age discrimination in connection with his termination. The former employee, who worked as a general manager, fails to show that his termination was due to his age. The defendants cited "his restaurant's culture, as evidenced by the complaints," and he does not establish that the reason was pretext for discrimination.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: April 25, 2024, Case #: 3:22cv885, NOS: Employment - Civil Rights, Categories: Civil Rights, evidence, employment Discrimination
J. Knapp grants the postal service contractor's motion to dismiss, ruling the employee's claim he "reported concerns" about underpayment of wages to supervisors are too vague and conclusory to meet pleading requirements under the False Claims Act, especially considering there is no information about the specific wage payment violations or how the contractor responded to the reports.
Court: USDC Northern District of Ohio, Judge: Knapp, Filed On: April 24, 2024, Case #: 1:19cv1900, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: employment, evidence, False Claims
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. McKeig affirms the Workers' Compensation Court of Appeals' affirmance of a compensation judge's finding that an employee had compensable post-traumatic stress disorder. The compensation judge's conclusion was based on the employee's credibility and the persuasiveness of an expert diagnosis, so the finding was not manifestly contrary to the evidence.
Court: Minnesota Supreme Court, Judge: McKeig, Filed On: April 17, 2024, Case #: A23-1207, Categories: employment, evidence, Workers' Compensation
[Consolidated.] J. Knepp grants the employer's motion for judgment on the pleadings, ruling that because none of the allegations of misconduct made by the employees against their supervisors implicate conduct covered under Title VII, the employees failed to establish a prima facie case for Title VII whistleblower retaliation. Meanwhile, the emotional distress claims must also be dismissed because the complaint contains only vague and conclusory statements that fall short of establishing a serious emotional injury.
Court: USDC Northern District of Ohio, Judge: Knepp, Filed On: April 16, 2024, Case #: 3:23cv1188, NOS: Employment - Civil Rights, Categories: evidence, Emotional Distress, employment Retaliation
J. McCalla partially grants the parties' motions in limine in this lawsuit brought by a former employee asserting claims for battery, harassment and retaliation. The former employee and other lay witnesses can provide personal observations of her symptoms, but they cannot provide "their own, unsupported diagnoses of specific mental health conditions, or to causation of Plaintiff's symptoms or conditions."
Court: USDC Western District of Tennessee , Judge: McCalla, Filed On: April 16, 2024, Case #: 2:22cv2683, NOS: Other Labor Litigation - Labor, Categories: evidence, employment Discrimination, employment Retaliation
J. Urias denies, in part, the sheriff's department's motion to dismiss, ruling the detective's allegations of frivolous disciplinary write-ups and a demotion after he reported misconduct by several coworkers and the undersheriff are sufficient to support his claim for violations of the New Mexico Whistleblower Protection Act. However, even though the detective's reports of misconduct qualify as protected speech, his First Amendment retaliation claim must be dismissed because he fails to show how any of the individual defendants violated his free speech rights.
Court: USDC New Mexico, Judge: Urias, Filed On: April 15, 2024, Case #: 2:23cv355, NOS: Other Civil Rights - Civil Rights, Categories: evidence, employment Retaliation, First Amendment
J. Barbier grants a request by a manufacturer of air conditioners and heating systems, dismissing a competitor’s state law claims of unfair trade practices arising from its hiring of a former employee who allegedly divulged the confidential details of a product produced by his former employer. The litigant HVAC company has not alleged any specific conduct by its competitor that is “immoral, unethical, unscrupulous or substantially injurious.” Instead, the claims against the competitor demonstrate the latter company’s permissible business judgment in hiring and product development.
Court: USDC Eastern District of Louisiana , Judge: Barbier, Filed On: March 27, 2024, Case #: 2:23cv1669, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: employment, evidence, Business Practices