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Plausible 1st Amendment, ADA claims for Army vet fired by state after Facebook pic in Santa suit with rifle

June 1st, 2018

By Nadine E. Roddy, J.D.
A federal district court in Michigan has found plausible the First Amendment retaliation and disability discrimination claims of a disabled veteran who, as a state employee, was disciplined for minor infractions and then terminated after he complained of discrimination by a manager who told other workers that the employee “looked crazy” [Read more...]

NLRB must explain why ‘clear and unmistakable waiver’ standard applied to unilateral contract terms

May 31st, 2018

By Lisa Milam-Perez, J.D.
In finding that a successor employer unlawfully laid off union workers without first notifying their union and providing it a chance to bargain over the terms and effects of the layoff, the NLRB did not sufficiently justify its use of the “clear and unmistakable waiver” standard in rejecting the company’s contention that [Read more...]

Unpaid FMLA leave may be ‘unemployment’ in Texas, but eligibility for benefits is a different question

May 31st, 2018

By Joy P. Waltemath, J.D.
Reversing the decision of an appeals court, the Texas Supreme Court interpreted the unambiguous language of the Texas Unemployment Compensation Act to find that an individual qualifies as “unemployed” while taking unpaid leave from her job under the Family Medical Leave Act. But because eligibility for unemployment benefits requires more than [Read more...]

Liquidated damages provisions in restrictive covenants were enforceable

May 30th, 2018

By Nicole D. Prysby, J.D.
An Indiana court of appeals has upheld liquidated damages provisions in restrictive employment covenants in a company’s suit against former employees who left to work for a competitor. Reversing a trial court on the damages issue, the appeals court rejected the notion that the liquidated damages were impermissible penalties and thus [Read more...]

Title VII claims of Hispanic HR employee who was moved to meat-packing job, then fired, are revived on appeal

May 30th, 2018

By Harold S. Berman, J.D.
A Hispanic HR rep who was transferred from her office to the poultry processing facility’s production line, and then fired, could proceed with her Title VII and 42 U.S.C. § 1981 race and national origin discrimination claims, ruled the Eleventh Circuit in an unpublished opinion, reversing summary judgment on her discriminatory [Read more...]