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No qualified immunity for sheriff who fired sergeant who supported another candidate and spoke out about misconduct

July 30th, 2021

By Kathleen Kapusta, J.D.
The court found evidence showing the sergeant’s termination was based on viewpoint discrimination, an “egregious form of content discrimination.”
A sheriff’s interests in the internal operations of his office did not outweigh the free speech interests of a patrol sergeant who was discharged after openly supporting the candidate [Read more...]


Hospital manager with Crohn’s disease, fired after refusing to take leave when not medically necessary, advances ADA, FMLA claims

July 30th, 2021

By Kathleen Kapusta, J.D.
The hospital claimed it fired the employee for “FMLA-related insubordination” after she came to work on a day it had designated as FMLA leave.
A dietary manager who suffered from Crohn’s disease, and who was terminated for “FMLA-insubordination” when she came to work on a day her hospital [Read more...]


T-Mobile’s disparate application of company policies to restrict employee use of email for union organizing unlawful

July 30th, 2021

By Ronald Miller, J.D.
“Though facially neutral restrictions on worktime solicitations in work areas are presumptively valid, an employer commits an unfair labor practice when it applies the rule in non-neutral fashion to union activities.”
Granting the Communication Workers’ petition for review of an NLRB ruling that T-Mobile did not discriminate against [Read more...]


Individual and class sexual harassment, retaliation claims against McDonald’s entities advance

July 23rd, 2021

By Nicole D. Prysby, J.D.
The employer’s motion to dismiss the individual and class claims was denied due to allegations that the harassment and retaliation were a result of company-wide policies and practices concerning sexual harassment.
A federal district court in Illinois declined to dismiss the individual and class claims for sexual [Read more...]


Union members denied recognition as crime victims in bribery case against Fiat Chrysler

July 23rd, 2021

By Ronald Miller, J.D.
UAW employees of FCA were not directly and proximately harmed by a conspiracy engaged in by the automobile maker to violate the LMRA as a result of a bribery scheme targeting officers and employees of the union.
In a criminal case involving the federal government’s prosecution of Fiat [Read more...]