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Jury to decide if pre-accommodation performance unfairly considered in hearing-impaired employee’s firing

September 26th, 2016

By Brandi O. Brown, J.D.
Although an employer contended that a hearing-impaired employee’s performance was inadequate, she argued that her performance had improved after she began receiving accommodations and that the employer’s pre-accommodation performance concerns were unfairly considered when she was fired at the end of her probationary period. In light of the parties’ “competing factual [Read more...]

Fired for using internal email system to send religious messages, fire captain loses free speech claim

September 26th, 2016

By Dave Strausfeld, J.D.
A fire department captain who was discharged for sending Christian messages to coworkers via the department’s internal email system was unable to prove that his First Amendment free speech rights were violated, held a Washington Court of Appeals, affirming a lower court’s grant of summary judgment. The email system was a nonpublic [Read more...]

Employee fired for sending over 900 company emails to personal account, not for reverse discrimination

September 26th, 2016

By Kathleen Kapusta, J.D.
Sending over 900 company emails to his personal or other outside account, including over 100 containing confidential client information, was a legitimate nondiscriminatory reason for firing a 59-year-old employee, notwithstanding that he was allowed to work at home on the company’s secure network and that an NLRB law judge found some of [Read more...]

Whether Jani-King franchise agreement, manual show franchisees are employees to be resolved on class-wide basis

September 23rd, 2016

By Lorene D. Park, J.D.
Affirming Rule 23 class certification in a dispute over whether Jani-King franchisees should have been classified as “employees” rather than independent contractors under Pennsylvania wage and hour law, the Third Circuit found that Rule 23’s commonality and predominance requirements were met because the misclassification dispute could be resolved by common evidence, [Read more...]

21 states, business coalition attack DOL’s final overtime rule in Texas lawsuits

September 23rd, 2016

By Pamela Wolf, J.D.
Nevada, joined by 20 other states, has filed a lawsuit in Texas—undoubtedly perceived as friendly after the success of the recent litigation over immigration reform—challenging Department of Labor’s final overtime rules under the Tenth Amendment of the U.S. Constitution and the Administrative Procedure Act. Nevada Attorney General Adam Paul Laxalt led the [Read more...]