Category Archives: Uncategorized

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

In DeVoss v. Southwest Airlines Co., 903 F.3d 487 (5th Cir. 2018), attached here, DeVoss, an airline flight attendant called in late to work and invoked a commuter policy to justify her tardiness. After she was told that the commuter … Continue reading

Posted in At Will Employment, FMLA, Houston Employment Law, Houston Executive Lawyer, Houston Retaliation Law, Retaliation, Uncategorized | Leave a comment

Fifth Circuit Holds That A Manager’s Threat To Reduce An Employee’s Pay In Retaliation For the Employee’s Hiring Of A Transgendered Employee Was Not An Adverse Employment Action That The Threatened Employee Could Sue Over

In a case decided in December 2015, Brandon v. Sage Corp., 808 F.3d 266, 270 (5th Cir. 2015), the U.S. Court of Appeals for the Fifth Circuit addressed a retaliation claim brought by the plaintiff Brandon, the former Director of … Continue reading

Posted in EEOC, Houston Retaliation Law, Retaliation, Uncategorized | Leave a comment

Post-Rimkus Duty of Preservation and Spoliation of Evidence Decisions (Part VII)

We are blogging on “Non-competes, Trade Secrets, Fiduciary Duties, and the Inevitable Disclosure Doctrine.” Mark Oberti has prepared a detailed paper on all of these issues, which can be found here. The following post discusses how other courts view Rimkus … Continue reading

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Retaliation Podcasts

Over the next month, we will be rolling out podcasts on retaliation. You will be able to access those videos, and all of our videos, on our website on our Video Podcast page.

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