Articles Posted in Retaliation

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nurseA nurse was able to revive his Family and Medical Leave Act claim against his former employer after the employer failed to reinstate him from leave immediately after he informed the employer of his availability. Since reasonable jurors could disagree regarding whether the employer handled the reinstatement in a way that complied with the law, the nurse’s case was not one properly decided by issuing summary judgment, the Sixth Circuit Court of Appeals decided.

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It is often a tricky situation for an employer. You’ve approved an employee’s taking a certain amount of time off under the Family and Medical Leave Act, only to discover soon thereafter that your employee wasn’t completely honest with you about his leave. When an employer encounters this issue, it is important to understand what the laws says are your options. In a recent case from the Fourth Circuit Court of Appeals, that court concluded that an employer couldn’t be liable for FMLA retaliation when it forced into retirement an employee whom it deemed to have misused his FMLA leave. The employer won because it had ample proof that the employee had been dishonest, and dishonesty and abuse of FMLA leave were permissible non-discriminatory reasons for the employer’s actions.vacation

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TeacherA recent Sixth Circuit Court of Appeals case may have resulted in an unfavorable outcome for one professor, but it could also provide benefits for some Tennessee employees pursuing Title VII cases in the future. The court, while rejecting this employee’s claim for back pay because it was too speculative, stated that employees could recover back pay from lost employment opportunities from third-party employers as long as the employee proved that she was entitled to the pay and offered sufficient evidence to establish the amount of lost back pay within a “reasonable certainty.”

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conference roomEmployers have a reasonably wide latitude in the non-discriminatory reasons that they state as bases for terminating employees. That latitude does not, however, extend to punishing an employee for “disruptive conduct” if the conduct in question was testifying on behalf of a co-worker in her Title VII discrimination case. A recent ruling from the 11th Circuit Court of Appeals allowed a terminated employee to pursue his retaliation claim. Testifying in a Title VII case is a protected activity under the law, and punishing him under the guise of “disruptive conduct” for giving unflattering testimony about his employer in his deposition raises a potential issue of retaliation.

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call center representativeAn African-American customer service worker who was held back from promotion while other white coworkers with similar performance reviews were promoted had a potential claim for race discrimination and retaliation, according to a recent Sixth Circuit Court of Appeals ruling. The employee did not have a valid claim for constructive discharge, though. The decision is a reminder to Tennessee employees and employers of the higher level of intolerable conditions for a constructive discharge claim as compared to a retaliation claim.

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US Supreme CourtA significant new ruling issued earlier this month by the U.S. Supreme Court offers very good news for employees who have been the victims of discrimination that was so bad that it ultimately forced them to quit their jobs in order to escape the mistreatment. According to the Court’s 7-1 majority, the statute of limitations for pursuing a discrimination claim does not even begin to run until the date the employee resigns, as opposed to the date of the last act of discrimination. This decision delays the start of that limitations period and gives employees in Georgia and across the country an expanded period of time to begin pursuing their claims.

The case leading to this ruling began in a post office in Colorado. Marvin Green, an African-American man, applied to be the postmaster of Englewood, Colorado. Another applicant received the job, and Green launched a claim, alleging that his rejection was the result of racial discrimination. According to Green, his supervisors responded to that action by threatening him with a criminal investigation on the basis of intentionally delaying the mail. Ultimately, the supervisors and Green worked out an agreement to avoid the investigation. Green would either accept a reassignment to the tiny and isolated town of Wamsutter, Wyoming (located four hours northwest of Green’s suburban Denver job) and the dramatic pay cut that went with it… or retire.

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calendar1A pair of minority employees at a jail in Georgia lost the chance to go to trial on their claims that their employer committed racial discrimination and then retaliated against them when they filed formal complaints about the misconduct, due to their timing for suing their employer. The US District Court for the Middle District of Georgia decided that the employees’ claims were not filed within the period of time required by the law, so the case could not proceed.

The employees in this case were Justin Ramzy and Alicia Spearman, who worked as part of the medical team in the Muscogee County Jail. The employees, both of whom were African-American, suffered what they believed was racial discrimination at work. After Ramzy and Spearman filed a complaint about the discrimination in 2012, Ramzy was terminated the next year for violating medical team protocol regarding the recording of patient medical information. Ramzy claimed that other white employees did the same thing but weren’t punished. Spearman produced documents that backed up Ramzy’s claim.

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USMC-100324-M-6847A-001A recent decision from the Sixth Circuit Court of Appeals addressed a very important topic within the realm of disability discrimination law:  specifically, when is telecommuting a reasonable accommodation for an employee with a disability? In the case of one Ford Motor Co. employee, the Sixth Circuit concluded that the employer’s refusal to allow an employee to telecommute four days per week was not the denial of a reasonable accommodation, but a case of an employee unable to perform the essential functions of her job.

The employee, Jane Harris, was a resale buyer with Ford who had irritable bowel syndrome. Harris’ job performance steadily declined during her time with Ford, in part due to her condition. Ford had occasionally approved telecommuting for Harris, but, even with the accommodation, the employee’s performance continued to worsen.

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truck-195x300A trucking company that fired a truck driver who had been diagnosed with alcohol dependency did not violate the Americans with Disabilities Act (ADA) or the Family and Medical Leave Act (FMLA), according to a recent Eleventh Circuit ruling.

The plaintiff in the case was employed in Georgia by the defendant, a trucking company, as an over-the-road driver. In 2010, the plaintiff requested and was granted an FMLA leave of absence to care for a “serious health problem” after talking with his personal physician about his alcohol issues. Upon completion of a 30-day program at an inpatient substance abuse facility, the plaintiff’s physician certified that he was fit to return to work. A week after his discharge from the treatment program, the plaintiff was fired. The reason given was that his clinical diagnosis of chronic “alcohol dependence” made him unfit for his job according to company policy and DOT regulations.

The plaintiff sued his former employer for wrongful termination under the ADA and interference and retaliation under the FMLA. The U.S. District Court for the Northern District of Georgia granted summary judgment on behalf of the defendant. The plaintiff appealed to the Eleventh Circuit.

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Old clockThe statute of limitations for a Georgia whistleblower action does not accrue until the employee receives a definitive or final determination about the alleged retaliatory action, the Court of Appeals of Georgia held late last year. This ruling helps public employees who have been wrongfully terminated by their employers prove their cases under the Georgia Whistleblower Statute.

The plaintiff in the case was the police chief for a public institution in the University of Georgia system. The school fired the plaintiff in late 2009 after several contentious issues that began in October 2008. One of these was school staff interfering in a criminal investigation that the plaintiff thought was in violation of Georgia law. In June 2009, school administrators asked the plaintiff to resign from his post once he found a new job or face immediate termination. He initially agreed to resign but later changed his mind. On November 19th 2009, the school delivered a letter of termination to the plaintiff. The plaintiff filed suit under the Georgia Whistleblower Statute for wrongful termination on November 10, 2010.

The defendant filed a motion for summary judgment contending, in part, that the the statute of limitations barred suit. It was granted by the trial court, but the Court of Appeals reversed.

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