News & Analysis as of

Employer Liability Issues Whistleblowers Wrongful Termination

BCLP

Privilege And Iniquity, Whistleblowing Reports, Discrimination As A Repudiatory Breach And A News Round-Up

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Our employment law update for August covers a case about the iniquity exception to legal privilege, a whistleblowing case involving a long-delayed judgment and third party reports, and a case on whether discriminatory actions...more

Fisher Phillips

COVID-19 Whistleblower Lawsuits Continue to Target Healthcare Employers, Revealing Risks of Hasty Decision Making

Fisher Phillips on

Fisher Phillips’ COVID-19 Employment Litigation Tracker continues to report that the healthcare industry is the hardest hit by COVID-19 employment litigation. As of the beginning of June, more than one in five of every...more

Jackson Lewis P.C.

2,000 COVID-19-Related Employment Lawsuits Filed In The U.S.: An Analysis Of The Data And Trends

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On April 6, 2021, the total number of COVID-19-related employment complaints filed in United States courts passed the 2,000 mark. Although it took eight months to reach the first 1,000 complaints (March–November 2020), it...more

Littler

Hold the Phone: Employees Can Bring Common-Law Wrongful Discharge Claims in Oregon for Seeking Legal Advice About Their Employment

Littler on

On March 3, 2021, in Rohrer v. Oswego Cove, LLC, the Oregon Court of Appeals reversed the lower court’s dismissal of an employee’s common-law wrongful discharge claim for seeking legal advice about her employment....more

American Conference Institute (ACI)

[Virtual Event] Complex Employment Litigation & Risk Management - February 10th, 10:00 am - 6:15 pm EDT

Critical Guidance on Managing Covid-19 and More High Stakes Issues Coming Across Your Desk. As industry grapples with unprecedented risk and uncertainty, in-house counsel and private practitioners are set to attend ACI’s...more

Butler Snow LLP

Tennessee Court Offers Insights on Viability of Whistleblower Claims

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Under the Tennessee Public Protection Act (TPPA), also known as “the whistleblowing statute,” it’s illegal to fire an employee if the sole cause for the termination was for refusing to either remain silent about or to...more

McAfee & Taft

Facebook posts and firing of Oklahoma worker leads to wrongful discharge claim

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Under Oklahoma law, employees who are terminated from their jobs in violation of Oklahoma public policy may, in some cases, file a wrongful discharge lawsuit against their former employer. Increasingly these lawsuits involve...more

American Conference Institute (ACI)

[Virtual Event] Complex Employment Litigation & Risk Management - August 20th, 10:00 am - 6:45 pm EDT

As industry grapples with unprecedented risk and uncertainty, in-house counsel and private practitioners are set to attend ACI’s Virtual Conference on Complex Employment Litigation & Risk Management on August 20th. There...more

Littler

Pennsylvania Supreme Court Expands Ability of Certain Employees to Bring Discrimination and Harassment Retaliation Claims under...

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On June 16, 2020, the Pennsylvania Supreme Court opened a new avenue for employees to file retaliation claims.  In a majority decision, the court held that the Pennsylvania Human Relations Act (PHRA) is not the only pathway...more

Proskauer - California Employment Law

Proskauer Scores Two Summary Judgments for Client Cedars-Sinai Medical Center Within 48 Hours

We’re delighted to report that we secured two summary judgments in two separate alleged discrimination cases on behalf of our client Cedars-Sinai Medical Center in matters that were pending in the Los Angeles Superior Court....more

Genova Burns LLC

Lax Adherence to Internal Company Policy Supports Cause of Action Under New Jersey’s Whistleblower Law

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The Conscientious Employee Protection Act (CEPA), New Jersey’s whistleblower law, prohibits all public and private employers from retaliating against employees who disclose, object to, or refuse to participate in certain...more

Jaburg Wilk

What Is a “Wrongful Termination” in Arizona?

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Arizona is an “at-will” employment state. This means an employer can terminate you for any reason or no reason, except an unlawful reason. If you are terminated for an unlawful reason, then you may have a claim for wrongful...more

Allen Matkins

Court Allows Whistleblower Case To Proceed Even Without Access To Tax Returns

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Several prior posts have discussed California's whistleblower protection statute - Labor Code Section 1102.5. The statute prohibits retaliation against an employee for disclosing information to the government or other...more

Proskauer - Whistleblower Defense

Chicago Federal Court Rejects Retaliatory Discharge Claim Due To Existence Of SOX Whistleblower Claim

On April 23, 2018, the U.S. District Court for the Northern District of Illinois ruled that a plaintiff’s SOX claim precluded his claim for common law retaliatory discharge. Cohen v. Power Solutions International, Inc., No....more

Seyfarth Shaw LLP

New Jersey’s Conscientious Employee Protection Act Requires Election of Remedies Before Summary Judgment

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Seyfarth Synopsis: The U.S. District Court for the District of New Jersey recently held that the proper time for a plaintiff to elect whether to proceed with a statutory whistleblower claim under CEPA, or a common law Pierce...more

Zuckerman Spaeder LLP

Halloween Flashback: Our Scariest Stories for Employers

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Ghosts, ghouls, and ghastly liability; the last is certainly enough to spook any employer. For this Halloween, we take a trip down Elm Street to revisit the most startling nightmares we’ve ever covered....more

Dickinson Wright

Avoiding Illegal Termination of Employees in Nevada

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One of the many challenges for employers is that, occasionally, employees must be terminated. Unfortunately, sometimes those former employees claim to have been terminated illegally, giving rise to the risk of legal and...more

Proskauer - California Employment Law

California Employment Law Notes - May 2016

Employee Who Needed To Assist Disabled Son Could Proceed With "Associational Disability Discrimination" Claim - Castro-Ramirez v. Dependable Highway Express, Inc., 246 Cal. App. 4th 180 (2016) - Luis...more

Proskauer - Whistleblowing & Retaliation

Cal. App. Court Finds in Favor of Whistleblower Who Never Complained of Unlawful Conduct by the Employer

In Cardenas v. M. Fanaian, D.D.S., Inc., Case No. F069305 (Cal. App. 5 Dist.), a California Court of Appeal determined that Plaintiff Cardenas could pursue a California Labor Code Section 1102.5 retaliation claim against her...more

Dorsey & Whitney LLP

Dead Statutory Claims May Rise Again as Wrongful Discharge Claims, Washington Supreme Court Rules

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Your former employee claims he was fired for blowing the whistle on alleged illegal activity. Your lawyers inform you that the deadline for filing a claim under the applicable whistleblower statutes has passed. You breathe a...more

K&L Gates LLP

Case Alert: Overseas Worker Protected By UK Employment Law

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What happened? The Employment Appeal Tribunal (EAT) recently decided that an Australian citizen, working remotely from Australia for a British company, was entitled to bring unfair dismissal and whistleblowing claims...more

Proskauer - California Employment Law

Employee Could Proceed With Whistleblower Claim Based On Suspected Commercial Bribery

Linda Ferrick, a former senior administrator for Santa Clara University, claimed the termination of her employment resulted from her reporting that her supervisor had engaged in what Ferrick believed to be commercial bribery...more

Proskauer Rose LLP

California Employment Law Notes - January 2015

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$300,000 In Punitive Damages Upheld In Sexual Harassment Case Despite Nominal Damages Award - State of Arizona v. ASARCO LLC, 2014 WL 6918577 (9th Cir. 2014) (en banc). Angela Aguilar who worked in a copper mine...more

Proskauer - Whistleblowing & Retaliation

Cal. App. Court Finds in Favor of “Whistleblower” Who Never Blew the Whistle

In Diego v. Pilgrim United Church of Christ, — Cal.Rptr.3d —-, 2014 WL 6602601 (Cal. App. 4 Dist.), the California Court of Appeal determined that Cecilia Diego (Plaintiff) could pursue a common law public policy retaliation...more

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