Retaliation

Federal Court Denies College’s Motion to Dismiss Georgia Woman’s Employment Discrimination Lawsuit

June 27, 2019 | Parks, Chesin & Walbert

In an Atlanta employment discrimination case, the burden of proof rests on the plaintiff. In order to succeed at trial, the plaintiff must be able to prove each and every element of his or her case. Of course, the defendant in such a case is often quick to seek dismissal of the plaintiff’s lawsuit, sometimes before the discovery process has even begun. In some situations, dismissal of a particular complaint is warranted, but, more often, it is not.

Facts of the Case

In a recent employment discrimination case filed in federal court, the plaintiff was an African-American woman who began working for the defendant college in 2017. According to the plaintiff’s complaint, she was bullied at work and subjected to a hostile work environment. Approximately six weeks after she began her employment, the defendant terminated the plaintiff, allegedly verbally telling her that she was “just not a good fit” and then mailing her a letter stating that her discharge was due to her “failure to perform job duties as assigned.”

Thereafter, the plaintiff filed a charge with the Equal Employment Opportunity Commission, asserting claims of race discrimination, retaliation, bullying, and harassment by a co-worker. Presumably after that proceeding had been completed, the plaintiff filed suit against the defendant in federal court, asserting similar claims. The defendant filed a motion to dismiss the plaintiff’s complaint.
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Dismissal of ADA and FMLA Claims Affirmed by 11th Circuit, the Court to Which Federal Cases Arising in Georgia Are Heard on Appeal

May 30, 2019 | Parks, Chesin & Walbert

An Atlanta employment lawsuit can arise from an employer’s alleged violation of several different state and federal laws, including both the Americans with Disabilities Act and the Family Medical Leave Act.

However, it should be pointed out that the plaintiff has the burden of proving each and every element of his or her case, which can sometimes be a difficult task.

Of course, each case is decided upon its own merits, so the fact that the plaintiff in a particular case was unsuccessful in his or her quest for legal redress should not discourage a would-be litigant from asserting his or her own legal rights in a separate suit.

The Five Most (In)Famous Whistleblowers In History

October 3, 2018 | Parks, Chesin & Walbert

The heroes and goats of whistleblowing history. Continue reading ›

Wrongful Termination: The Basics

September 28, 2018 | Parks, Chesin & Walbert

There are very few exceptions to the at-will employment rules. Continue reading ›

Tesla vs. Tripp: Who’s at Fault in the Tesla Whistleblower Case?

September 6, 2018 | Parks, Chesin & Walbert

Tesla vs. Tripp can teach us a lot about the Dos and Don’ts of bringing a whistleblower case. Continue reading ›

FLSA Retaliation Claims Against Individuals Associated with an Employer

July 14, 2017 | Parks, Chesin & Walbert

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 attorney for contacting immigration enforcement and notifying them about the employee’s undocumented status.

Nurse Allegedly Fired for Sleeping on the Job Unable to Show Termination Was Actually FMLA Retaliation

June 7, 2017 | Parks, Chesin & Walbert

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 times, this may boil down to other employees working for the same employer and whether or not they qualify as “similarly situated” in relation to the employee who has sued. The case of a nurse from Florida allegedly fired for sleeping on the job offers a real-life example of this.

Eleventh Circuit Ruling Clarifies the Correct FMLA Leave Date that Matters in Retaliation Cases

May 4, 2017 | Parks, Chesin & Walbert

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 proper method was for measuring temporal proximity in circumstantial FMLA retaliation claims, establishing that the proper measure was the gap between the last day of FMLA leave and the date of the adverse employment action.

Employee Allowed to Pursue Claim that Employer Retaliated Against Her for Reporting Sexual Impropriety

April 13, 2017 | Parks, Chesin & Walbert

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 informing office supervisors about an IT worker’s alleged misuse of a video camera. The Sixth Circuit Court of Appeals revived that employee’s case recently, deciding that the employee’s evidence created a possible conclusion that she suffered harm as a result of reporting the male co-worker’s alleged acts of sexual impropriety.

Sixth Circuit Revives FMLA Interference Case Against Employer that Delayed Reinstating Employee From Leave

December 28, 2016 | Parks, Chesin & Walbert

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 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.