The heroes and goats of whistleblowing history. Not all whistleblowers end up in the news. Reporting a workplace safety violation to OSHA, or a potential reporting crime to the SEC — whistleblowing incidents big and small are happening every day in every state across the country. But today we’re talking…
There are very few exceptions to the at-will employment rules. You’ve probably heard a story like this: There’s an employee — let’s call him Fred. Fred shows up to work every day, Monday through Friday, for almost twenty years. Barely takes any vacations. Doesn’t rock the boat. Does as he’s…
Tesla vs. Tripp can teach us a lot about the Dos and Don’ts of bringing a whistleblower case. These are the facts: On June 20, electric car manufacturer Tesla sued Martin Tripp for $1 million. Tesla alleged that Tripp — who had previously worked as a process technician at Tesla’s…
A recent employment law ruling from the Ninth Circuit Court of Appeals has created quite a bit of buzz among legal observers. In that case, the Ninth Circuit decided that the Fair Labor Standards Act’s prohibitions against retaliation were broad enough to allow a dairy worker to sue his employer’s outside…
A considerable variety of employment law cases, especially when the employee’s claims relate to discrimination or retaliation, can succeed or fail based upon which side (employee or employer) presents a stronger case about whether the employer’s adverse action was legitimate or merely a pretext for engaging in illegal conduct. Many…
A nursing facility’s activities director got good news from the 11th Circuit Court of Appeals when that court revived his Family and Medical Leave Act lawsuit, concluding that his retaliation claim was sufficient to escape summary judgment. Of larger significance, the 11th Circuit declared for the first time what the…
While much has been reported in the news recently in terms of bathrooms and civil rights, an Ohio public health agency employee’s Title VII lawsuit was a very different kind of bathroom case. The employee, a supervisory-level environmental health and sanitation worker, alleged that she suffered from workplace retaliation after…
A 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…
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…
A 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…