14 results for 'cat:"Employment" AND cat:"Jurisdiction" AND cat:"Employment Retaliation"'.
J. Neeley finds the county court properly granted the dept's. plea to the jurisdiction. The female African American former employee filed suit after being denied employment for a position from which she had resigned. She was eventually rehired and filed civil rights charges with the Texas Workforce Commission, alleging she was retaliated against, and that the dept. did not comply with a settlement agreement. The court lacks subject matter jurisdiction because the negligence claim does not fall within the tort claims act's limited waiver of immunity, the state is immune from the claim for breach of the settlement agreement, no prima facie claim for retaliation was stated, and the state is not the employer pursuant to the Texas Commission on Human Rights Act. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: May 8, 2024, Case #: 12-23-00204-CV, Categories: jurisdiction, employment Discrimination, employment Retaliation
J. Neeley finds the county court properly granted the Department of Health and Human Services' plea to the jurisdiction. The black, female former employee filed suit after being denied employment for a position from which she had resigned. She was eventually rehired and filed civil rights charges with the Texas Workforce Commission, alleging she was retaliated against, and that the department did not comply with a settlement agreement. The court lacks subject matter jurisdiction because the negligence claim does not fall within the Texas Tort Claims Act's limited waiver of immunity, the state is immune from the claim for breach of the settlement agreement, no prima facie claim for retaliation was stated and the state is not the employer pursuant to the Texas Commission on Human Rights Act. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: May 8, 2024, Case #: 12-23-00204-CV, Categories: jurisdiction, employment Discrimination, employment Retaliation
J. Stearns partially denies a company and its CEO’s motion for summary judgment against their former national sales and business manager who is suing them for allegedly retaliating against her and violating the Massachusetts Wage Act. The manager engaged in protected conduct in Massachusetts and performed work she allegedly wasn’t paid for commissions earned in Massachusetts, so even though the company and its CEO are in Illinois and the manager is not a Massachusetts resident, she can bring a claim under the Massachusetts Wage Act.
Court: USDC Massachusetts, Judge: Stearns, Filed On: April 11, 2024, Case #: 1:22cv10750, NOS: Civil Rights - Habeas Corpus, Categories: employment, jurisdiction, employment Retaliation
J. Partida-Kipness finds in this interlocutory appeal that the lower court improperly denied the hospital's plea to the jurisdiction in this lawsuit alleging disability discrimination and retaliation. The former employee contends that his termination was a product of discrimination, but he failed to produce evidence that the hospital's "reasons for terminating him were false or a pretext for discrimination." Accordingly, the claims are dismissed for lack of jurisdiction. Reversed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: March 26, 2024, Case #: 05-22-01358-CV, Categories: jurisdiction, employment Discrimination, employment Retaliation
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. Benavides finds that the lower court improperly denied the university's plea to the jurisdiction in this lawsuit brought by a former employee alleging racial discrimination and retaliation. The former employee failed to sufficiently plead his claim for racial discrimination, but he also should have been given a chance to amend his petition. Accordingly, that claim will be remanded. He also failed to state a "viable retaliation claim," and his civil conspiracy claim "cannot be saved." Reversed.
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: November 9, 2023, Case #: 13-23-00062-CV, Categories: jurisdiction, employment Discrimination, employment Retaliation
J. Marcus finds that the 11th Circuit lacks jurisdiction to consider whether the district court properly ruled in favor of the employer and the company on claims brought by the former employee alleging violations of the Florida Public Whistleblower Act, the False Claims Act and the Florida Private Whistleblower Act. The district court refused to find in favor of the employer and company on a claim for tortious interference with business relations. The ex-employee alleged that she was fired for reporting to the employer and company that the company's prison pharmacies were incorrectly logging a drug used to treat Hepatitis C as a narcotic. The district court's order did not dispose of all of the ex-employee's claims against the company. The tortious interference claim remains open and overlaps with the dismissed counts, therefore there is no final judgment for the 11th Circuit to review with respect to the company.
Court: 11th Circuit, Judge: Marcus, Filed On: October 17, 2023, Case #: 21-14214, Categories: jurisdiction, Whistleblowers, employment Retaliation
J. Goodwin grants the state's dismissal motion in this lawsuit brought by a former employee alleging violations of her rights in connection with her termination. She specifically contends that her termination was based on age and gender discrimination, as well as retaliation for "reports of sexual harassment of other employees." However, the allegations do not establish gender bias under Title VII. The court also declines to exercise jurisdiction over her state law claims.
Court: USDC Western District of Oklahoma , Judge: Goodwin, Filed On: September 29, 2023, Case #: 5:22cv1095, NOS: Employment - Civil Rights, Categories: jurisdiction, employment Discrimination, employment Retaliation
J. Oldham finds the district court improperly dismissed with prejudice the Indian casino CFO’s complaint alleging that he was subject to a conspiracy to get him fired after he made an illegal severance payment to a newly elected tribal council member who previously worked at the casino but was no longer allowed to as a council member. Complaints by casino employees led to his arrest and to the suspension of his gaming license. An initial federal suit was dismissed without prejudice as barred by tribal sovereign immunity. An identical state case was removed to federal court by the tribe and dismissed with prejudice. The district court erred in holding that remanding the second case to state court would be futile because it would be barred by sovereign immunity. Reversed and remanded.
Court: 5th Circuit, Judge: Oldham , Filed On: August 16, 2023, Case #: 22-30436, Categories: jurisdiction, Business Practices, employment Retaliation
J. Bolden grants in part the employer's motion to dismiss, ruling that the court lacks jurisdiction over the employee's Connecticut Fair Employment Practices Act claim as a result of her failure to attach a release of jurisdiction letter from the Connecticut Commission on Human Rights and Opportunities. Meanwhile, the lack of any evidence the employee had a disability during her tenure with the company requires dismissal of her ADA claim, while the retaliation claim will proceed because the proximity of the employee's termination to her complaint regarding protected activity establishes a prima facie case at this stage of the litigation.
Court: USDC Connecticut, Judge: Bolden, Filed On: August 4, 2023, Case #: 3:23cv31, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: jurisdiction, employment Discrimination, employment Retaliation
J. Ellis grants the employee's motion to remand the gender and sex-based harassment case to a state court. The employee, who was allegedly called fat and lazy by a supervisor, failed to raise a federal question.
Court: USDC Eastern District of Virginia, Judge: Ellis, Filed On: July 14, 2023, Case #: 1:23cv594, NOS: Other Civil Rights - Civil Rights, Categories: jurisdiction, employment Discrimination, employment Retaliation