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Recent Posts
- Five Provisions All Executives Should Have In Their Employment Agreements
- Fifth Circuit Reminds Plaintiffs That Not Every Unpleasant Experience At Work Is Something They Can Sue Over Under Title VII’s Anti-Discrimination Provision
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- Fifth Circuit Finds Employee’s FMLA Retaliation Claim Doomed By Proof That Employer Fired The Employee Based On A Good Faith Belief She Had Been Dishonest About Being Unable To Work Due To Illness
- New Fifth Circuit Disability Harassment Case Again Emphasizes The Importance Of Complying With An Employer’s Complaint Policies And Procedures
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Monthly Archives: April 2013
“No Brainer” Terminations Can Become Close Calls When The Employee Has Engaged In Protected Activity (Part 4)
In our last post of the day discussing retaliation, we discuss two very interesting cases from the Fifth Circuit. Smith v. Xerox Corp., 371 Fed. Appx. 514 (5th Cir. Mar. 2010) and Smith v. Xerox Corp., 602 F.3d 320 (5th … Continue reading
“No Brainer” Terminations Can Become Close Calls When The Employee Has Engaged In Protected Activity (Part 3)
Here is another interesting case from the Seventh Circuit. Even though the employee allegedly threatened violence, the court found a fact question on the termination. In Miller v. Illinois Dep’t of Trans., 643 F.3d 190 (7th Cir. 2011), Miller requested … Continue reading
“No Brainer” Terminations Can Become Close Calls When The Employee Has Engaged In Protected Activity (Part 2)
In our series of posts today, we discuss how a seemingly “no brainer” termination decision can become a close call if the employee had engaged in prior, protected activity. For example, in Coleman v. Donahoe, 667 F.3d 835 (7th Cir. … Continue reading
“No Brainer” Terminations Can Become Close Calls When The Employee Has Engaged In Protected Activity (Part I)
Today, our video podcast discusses situations in which seemingly “no brainer” termination decisions were second guessed by courts in light of the fact that employee had previously engaged in protected activity. Mark’s paper discusses this issue in depth. Courts have … Continue reading
HR Employees And Protected Conduct (Part 2)
One additional note from our earlier post today. There is the question of whether the case law regarding HR employees and oppositional conduct applies to SOX claims. In Riddle v. First Tennessee Bank, No. 3:10–cv–0578, 2011 WL 4348298, at *8 … Continue reading
HR Employees And Protected Conduct (Part I)
We continue our video podcast series on retaliation with a video on HR employees. Mark’s paper addresses this topic in depth. Employers sometimes fear that human resources personnel or other managers involved in employee relations may themselves bring claims of … Continue reading
What is “Illegal” Retaliation Under Title VII?
The video we released today addresses a basic employment law question, but one that pops up all the time; namely, “What is illegal retaliation?” Title VII reads: “It shall be an unlawful employment practice for an employer to discriminate against … Continue reading
Denying Discrimination Can Be Proof Of Retaliation If An Employer Uses The Wrong Words
Today’s video podcast discusses a situation in which an employer appears to leap to a conclusion about an employee’s motivation behind a complaint of discrimination. Mark’s paper discusses this issue in more depth. In short, it is not unusual for … Continue reading
Encouraging An Employee To Reapply May Undermine A Retaliation Claim
The video that we released earlier today discusses how an employer’s invitation to a terminated employee to “reapply” for employment may help defeat a retaliation claim. We discuss this issue in our retaliation paper. In short, in appropriate circumstances, employers … Continue reading
The New Wave Of Retaliation
Earlier today we started our video podcast series on employment law retaliation. In Houston, we have seen an explosion of these cases. The first video–dealing with the new wave of retaliation cases in light of the Sarbanes-Oxley Act of 2002 … Continue reading
