Employer not liable for workplace defamation since it wasn't in the employer's interests, wasn't condoned by the employer, and it was outside the scope of the tortfeasor's employment; there are literally millions of workplace interactions.
http://www.ca4.uscourts.gov/opinions/171890.P.pdf
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.
Showing posts with label Employment Law. Show all posts
Showing posts with label Employment Law. Show all posts
Eighth Circuit: Daniel Ayala v. CyberPower Systems (USA), Inc.
Compensation agreement voidable only for cause was, as a matter of law, insufficient to overcome the state presumption of employment at will, as it didn't specifically address the point.
Dissent: Matter for the finder of fact.
http://media.ca8.uscourts.gov/opndir/18/06/171852P.pdf
Fifth Circuit: Helen Nicholson v. Securitas Security Svc USA
Employment, Discrimination
Right to control the work of an employee is not relevant under the federal age discrimination statute where there is an admission of employment.
Staffing services agreement to end employment at the request of the client company can create a genuine issue of material fact as to complicity in discrimination where the usual inquiries are not made.
Helen Nicholson v. Securitas Security Svc USA
Eighth Circuit: Kenneth Stewart, Jr. v. Nucor Corporation
Contracts, Employment, Torts
Boilerplate negligence release valid and not unconscionable, as the language was plain and the trainee employee was permitted to ask questions about the form.
Kenneth Stewart, Jr. v. Nucor Corporation
Seventh Circuit: Laura Hatcher v. Board of Trustees
Employment, Discrimination, Title VII
Employee's mistaken belief that statute compelled reporting of misconduct did not transform the speech in the context of employment to protected speech.
No genuine issue of fact over pretextual nature of nondiscriminatory motive, given decisions of impartial committee and subjective judgement of decisionmaker.
Laura Hatcher v. Board of Trustees
First Circuit: Burns v. Johnson
Discrimination, Title VII, Employment
Circumstantial evidence can suffice to establish a claim under a mixed-motive theory of discrimination.
Discrimination need not be both severe and pervasive.
Fear of retaliation presents a genuine issue of material fact as to employer liability, despite reporting procedures.
Burns v. Johnson
Fifth Circuit: Mark Gomez v. Ericsson, Inc.
ERISA, Employment
Given substantial administrative operation supporting it, the severance plan is governed by the terms of ERISA.
As there were ambiguities in the Plan, no abuse of discretion in denial of benefits under release of claim provision where former employee returned computer without some files.
Mark Gomez v. Ericsson, Inc.
Fourth Circuit: Melanie Lawson v. Union County Clerk of Court
Free Speech, Employment, First Amendment, S1983
[Assuming S1983, since QI is discussed. c/a not specific.]
A deputy clerk need not have political allegiance to the boss -- it was clearly established law that a clerk who opposed the head clerk in an election should not have been placed on leave for the simple fact of having done so.
The head clerk is not shielded from suit under the 11th Amendment.
Insufficient facts in record for judgment on whether the speech was ultimately protected under a non-categorical balancing test. Insufficient record for ruling on summary judgment.
Long dissent: given burden to establish lack of retributive character to the employment action, there are sufficient facts for judgment in the record
Melanie Lawson v. Union County Clerk of Court
Seventh Circuit: Eileen Felix v. Wisconsin Department of Transportation
Discrimination, FMLA, Employment
Medical inquiry that considered the prospective behavior of the employee did not therefore have to establish a direct threat in order to justify the ending of employment.
Eileen Felix v. Wisconsin Department of Transportation
Ninth Circuit: ROSEMARY GARITY V. APWU NATIONAL LABOR ORG.
Employment, Labor, Res Judicata
An allegation of discrimination against a union can state a claim without alleging breach of the duty of fair representation.
ROSEMARY GARITY V. APWU NATIONAL LABOR ORG.
An allegation of discrimination against a union can state a claim without alleging breach of the duty of fair representation.
ROSEMARY GARITY V. APWU NATIONAL LABOR ORG.
Eighth Circuit: Symphony Diagnostic Services v. Kimberly Greenbaum
Contracts, Employment
Employee confidentiality agreements and agreements not to compete can be assigned to a successor without the consent of the employee unless the change materially changes the rights of the employee.
Symphony Diagnostic Services v. Kimberly Greenbaum
Eighth Circuit: Stuart Day v. Celadon Trucking Services, Inc
Employment, Class Actions
Sale of business under an asset pruchase agreement does not bar a finding that the business is a going concern for purposes of the WARN Act.
Sale created a presumption of continued employment.
Movant on motion to de-certify class carried burden of establishing good reason.
Predominance presumptive when the penalty is statutory.
Burden-shifting in damages phase permissible, given purposes of the Act.
Stuart Day v. Celadon Trucking Services, Inc
DC Circuit: Mohamed Al-Saffy v. Thomas Vilsack
Title VII, Employment, Administrative
ALJ dismissal of hearing request was not final agency action that started the Title VII clock.
Subsequent similar letter did not start the clock as it omitted the statutorily required notice of the right to appeal.
Genuine issue of material fact as to agency employment given responsibilities and reporting relationships.
Mohamed Al-Saffy v. Thomas Vilsack
ALJ dismissal of hearing request was not final agency action that started the Title VII clock.
Subsequent similar letter did not start the clock as it omitted the statutorily required notice of the right to appeal.
Genuine issue of material fact as to agency employment given responsibilities and reporting relationships.
Mohamed Al-Saffy v. Thomas Vilsack
Fifth Circuit: Patricia Morris v. Town of Independence, et al
Discrimination
Given window clerk's part-time status and sui generis duties, there were no relevant comparators to test a claim of racial discrimination.
Patricia Morris v. Town of Independence, et al
Given window clerk's part-time status and sui generis duties, there were no relevant comparators to test a claim of racial discrimination.
Patricia Morris v. Town of Independence, et al
Fourth Circuit: John Vannoy v. Federal Reserve Bank
FMLA, ADA
Letter to employee regarding the medical leave did not comport with statute, since it didn't mention right to restoration of status.
Assertion of prejudice by plaintiff makes the lack of notice a genuine issue of material fact for the fact-finder at trial.
Plaintiff must make an evidentiary showing of pretext to present a genuine issue where deft has established a bona fide reason for the allegedly retaliatory act.
No equitable basis for ADA claims.
John Vannoy v. Federal Reserve Bank
Seventh Circuit: James Baptist v. Ford Motor Company
Employment, FRCP
Genuine issue of material fact exists in state retaliatory-discharge claim where there is doubt as to the reason for the end of employment,
James Baptist v. Ford Motor Company
Genuine issue of material fact exists in state retaliatory-discharge claim where there is doubt as to the reason for the end of employment,
James Baptist v. Ford Motor Company
First Circuit: Velez-Ramirez v. Commonwealth of Puerto Rico
ADA
Denial of reasonable accommodation is neither an actual nor a constructive discharge for purposes of the Act.
Automatically generated notification via company intranet sufficed for notice, despite actual notice that employee was not in the office.
Velez-Ramirez v. Commonwealth of Puerto Rico
Denial of reasonable accommodation is neither an actual nor a constructive discharge for purposes of the Act.
Automatically generated notification via company intranet sufficed for notice, despite actual notice that employee was not in the office.
Velez-Ramirez v. Commonwealth of Puerto Rico
Seventh Circuit: Board of Trustees of the Autom v. Full Circle Group, Inc.
Posner, Successor liability
Where a sophisticated buyer acquires a company and there is a genuine issue of continuity of business, the hypothetical nature of a funded pension liability exit payment at the time of acquisition is not sufficient for summary judgment for lack of liability.
Alter ego liability requires fraud. Probably.
Board of Trustees of the Autom v. Full Circle Group, Inc.
Where a sophisticated buyer acquires a company and there is a genuine issue of continuity of business, the hypothetical nature of a funded pension liability exit payment at the time of acquisition is not sufficient for summary judgment for lack of liability.
Alter ego liability requires fraud. Probably.
Board of Trustees of the Autom v. Full Circle Group, Inc.
Sixth Circuit: Gianni-Paolo Ferrari v. Ford Motor Company
Discrimination
As safe employment could be found at the plant, iatrogenic opiod use did not impede the major life activity of working.
No genuine issue of material fact as to whether medical restrictions were pretextual, as the medical evidence is corraborated, and there is no proof that the decisionmakers had reason to doubt the medical opinion.
Insufficient causation for FMLA retaliation claim.
Gianni-Paolo Ferrari v. Ford Motor Company
Fifth Circuit: Ronald Heggemeier v. Caldwell County, Texas, et al
Discrimination
As a similarly situated comparator was also terminated and the variance in the comparator's severance can be explained by differences in their situations, no Title VII racial discrimination claim.
No ADEA retaliation, as termination occurred 21 months after initial complaint, with a lateral transfer interposed.
State statute limiting reduction in pay does not place a restriction on at-will nature of employment sufficient for a property interest in continued employment. Conceding at-will employment relative to one supervisor ends the property interest generally.
Statute allowing appointment to state office by elected official does not prevent another arm of the government from terminating the employment.
No abuse of discretion in district court's refusal to exercise ancillary jurisdiction over whistleblower claims.
Ronald Heggemeier v. Caldwell County, Texas, et al
As a similarly situated comparator was also terminated and the variance in the comparator's severance can be explained by differences in their situations, no Title VII racial discrimination claim.
No ADEA retaliation, as termination occurred 21 months after initial complaint, with a lateral transfer interposed.
State statute limiting reduction in pay does not place a restriction on at-will nature of employment sufficient for a property interest in continued employment. Conceding at-will employment relative to one supervisor ends the property interest generally.
Statute allowing appointment to state office by elected official does not prevent another arm of the government from terminating the employment.
No abuse of discretion in district court's refusal to exercise ancillary jurisdiction over whistleblower claims.
Ronald Heggemeier v. Caldwell County, Texas, et al
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