Searching Content indexed under Unfair/ Wrongful Dismissal by Mintz ordered by Published Date Descending.
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DC Repeals Tipped Worker Wage Law But Imposes New Requirements On Employers Of Tipped Workers
The District of Columbia Council recently repealed a law approved by voters in a June 2018 referendum that would have fundamentally changed the way tipped workers in the District are paid.
United States
8 Feb 2019
Massachusetts: Medical Marijuana As A Reasonable Accommodation In The Workplace
As our readers know, we have been monitoring decisions regarding the ability of employers to take disciplinary action against employees for using marijuana at work (like this decision here).
United States
21 Jul 2017
Fourth Circuit Holds Complaining Employee Is Not Protected From Termination If The Employer Terminates Her Because It Believed Her Complaint Was Fabricated
A recent Fourth Circuit ruling in a case handled by Mintz Levin provides some comfort to employers concerned about terminating an employee who they believe has made a false complaint of discrimination.
United States
7 Jul 2017
Second Circuit Holds Termination Of Employee Who Attacked Supervisor In Obscene Facebook Post Violates NLRA
The Second Circuit said last week that an employer violated the National Labor Relations Act when it fired an employee who criticized a supervisor on Facebook during an election.
United States
2 May 2017
Rocky Mountain High Part II: Colorado's Highest Court Approves Employer's Stance That Employee Toke Is No Joke
Last week the Colorado Supreme Court ruled that an employer can fire an employee for use of medical marijuana away from the workplace.
United States
29 Jun 2015
NLRB Shows Some Restraint In Its Protection Of Employee Social Media Communications: Employee Termination Arising From "Egregious" And "Insubordinate" Facebook Posts Was Legal Under The NLRA
Many employers have asked: "Is there any limit to what employees can post on social media about their employers?" It appears that there is.
United States
5 Nov 2014
Wait, Now I Canít Fire My Employees For Stealing? California Federal Court Holds Application Of Anti-Grazing Policy To Diabetic Employee May Violate The Americans With Disabilities Act
A California Federal court recently permitted a disability discrimination claim to proceed to a jury trial in a lawsuit alleging that Walgreens unlawfully terminated a diabetic employee.
United States
24 Jun 2014
1988 Ruling Casts A Shadow On Current NCAA Investigations
Our colleague and Employment Matters contributor Tyrone Thomas had a piece featured on Law360 yesterday, which followed up on his recent NCAA UNLV basketball program investigation blog entry.
United States
20 Jan 2014
25 Years After The Shark: Supreme Court Ruling On The NCAA Casts A Shadow On Current Investigations
Before John Calipari, Rick Pitino and other presently successful college basketball coaches, there was the "Shark".
United States
20 Jan 2014
Wrongful Termination Claim Too Desperate For Ex-"Desperate Housewives" Star
A California appellate court recently rejected an attempt by "Desperate Housewives" star, Nicollette Sheridan, to sue for wrongful termination.
United States
7 Sep 2012
Termination Of Employee Based On Her Marriage To An Undocumented Alien Does Not Violate Title VII
In 2011, the United States Supreme Court held in "Thompson v. North American Stainless" that an employer may violate Title VII by retaliating against an employee.
United States
11 Jun 2012
Termination Of Employee Based On Her Marriage To An Undocumented Alien Does Not Violate VII
In 2011, the United States Supreme Court held in Thompson v. North American Stainless that an employer may violate Title VII by retaliating against an employee who is related to a worker engaged in conduct protected by Title VIIóeven if the employee himself neither raised a claim of discrimination nor engaged in any protected conduct.
United States
8 Jun 2012
FMLA Protects Workers Even Before They Are Eligible For FMLA Leave
In a case of first impression, the United States Court of Appeals for the Eleventh Circuit recently held that the Family and Medical Leave Act ("FMLA" or the "Act") protected a pregnant worker who was fired after she requested leave, despite the fact that she was not eligible for FMLA leave when she made the request, because she would have been eligible at the time the leave was to have been taken.
United States
30 Jan 2012
California's DFEH Drops The Disability Discrimination Hammer - Largest Administrative Award In Its History
On September 12, 2011, the California Department of Fair Employment and Housing ("DFEH") announced its largest-ever administrative award of $846,300 (and no, thatís not a typo) against electrical supplier Acme Electric Corporation ("Acme") for firing an employee, Mr. Charles Richard Wideman, because he had cancer.
United States
5 Oct 2011
The Cat's Paw Just Got A Little Smaller: New York Federal Court Limits Cat's Paw Liability After Staub
It is no secret that employers were not pleased with U.S. Supreme Courtís decision, Staub v. Proctor handed down in March.
United States
23 Aug 2011
Supreme Court Decision Leaves Employers More Susceptible to Retaliation Claims
On June 22, 2006, in Burlington Northern & Santa Fe Railway Co. v. White, the Supreme Court significantly expanded Title VIIís protection for employees who complain of discrimination. No. 05-259 [2006 WL 1698953]. Employers should note that this decision may lead to a dramatic increase in Title VII retaliation claims.
United States
31 Jul 2006
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