News & Analysis as of

Employer Liability Issues Wrongful Termination Age Discrimination

Constangy, Brooks, Smith & Prophete, LLP

Adverse employment actions require a decision maker. Make sure you have one.

Among the first questions I ask when investigating a lawsuit accusing my client of discriminatory conduct is, “Who made the decision?” The reasons are simple. First, an adverse employment action – like termination,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

U.S. Virgin Islands Supreme Court Affirms Compensatory Damages Award to Former Employee Claiming Age Discrimination

On December 5, 2022, the Supreme Court of the Virgin Islands upheld a 2019 jury verdict, which found that Caribbean airline LIAT (1974), Ltd., had discharged its former area manager, William Cherubin, because of his age in...more

Littler

Puerto Rico Supreme Court Favors Employers on Business Reorganization and Unjustified Dismissal

Littler on

In a recent case issued by the Supreme Court of Puerto Rico (“the Court”), the Court addressed the standard and level of proof that must be presented by employers when raising as an affirmative defense a corporate...more

Proskauer - Law and the Workplace

Fifth Circuit Affirms Dismissal of ADEA Claim Lacking Evidence of Age-Bias

On March 11, 2022, the United States Court of Appeals for the Fifth Circuit affirmed summary judgment, dismissing a Texas city employee’s claim that he had been unlawfully terminated from his job because of his age. The Fifth...more

FordHarrison

Sixth Circuit Rejects EEOC's Push to Broaden the Causation Standard in Age Discrimination Lawsuits

FordHarrison on

In Pelcha v. MW Bancorp, Inc., the Sixth Circuit recently held that ageist comments attributed to a bank’s CEO were insufficient evidence to support an employee’s claim that she was fired because of her age in violation of...more

Butler Snow LLP

Age is Just a Number: Tennessee Court of Appeals Highlights the Importance of Keeping Age Out of the Termination Equation

Butler Snow LLP on

The Tennessee Human Rights Act prohibits covered employers from discriminating against employees forty years old or older because of their age. In a recent case, the Tennessee Court of Appeals provided a reminder that other...more

Fisher Phillips

3 Steps To Make Sure Your COVID-19 Decisions Don’t Lead To Wrongful Termination Lawsuits

Fisher Phillips on

Employers across the country continue to be challenged with difficult decisions about their workforce in the wake of COVID-19, including decisions about employee layoffs and returning employees to the worksite. As businesses...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Jumbo Supermarket for Age Discrimination

Company Fired Qualified Employee Because She was Too Old, Federal Agency Charged - WEST PALM BEACH - M1 5100 Corporation, doing business as Jumbo Supermarket, Inc., violated federal law by terminating a qualified employee...more

Barnea Jaffa Lande & Co.

Labor Court Ruling on Gender Pay Discrimination

Last June, the Be’er Sheva Regional Labor Court published an unusual decision. It concerned a female pharmacist who earned a lower salary than a man performing similar work at a different pharmacy owned by the same employer....more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Liberty Support Services for Age Discrimination

Maintenance Company Fired or Failed to Rehire Older Workers, Federal Agency Charges - RALEIGH, N.C. - Liberty Support Services, Inc. (Liberty Support), a North Carolina corporation that maintains rest areas through...more

Genova Burns LLC

Third Circuit Permits Terminated Employee to Present Broad Comparisons to Others

Genova Burns LLC on

The Third Circuit’s recent decision in Andujar v. General Nutrition Corporation (GNC) should remind employers that termination of an employee based on poor performance should result from clear policies, and that personalized...more

Butler Snow LLP

6th Circuit Credits Documentation in Age Discrimination Case

Butler Snow LLP on

As this recent case demonstrates, consistent documentation can be your saving grace in defending a wrongful termination lawsuit, while inconsistent enforcement of rules can be your downfall. Facts - Ramona DeBra worked...more

Littler

Decisions Involving Termination of Long-Term Employees in Canada Should Concern Employers

Littler on

Employers considering terminating long-term employees in Canada should be aware of two relatively recent decisions. In one case, Dawe, 2018 ONSC 3130, the terminated employee, age 62, was a highly paid Senior Vice President...more

Zuckerman Spaeder LLP

Bakery Says Employee’s FMLA Claims Don’t Rise to the Occasion

Zuckerman Spaeder LLP on

Under the Family Medical Leave Act (“FMLA”), employers are required to provide 12 weeks of unpaid leave to employees with certain family or medical issues. These issues include attending to serious health conditions that make...more

Proskauer - California Employment Law

Another Day, Another $31 Million Employee Verdict From a Los Angeles Jury

On Tuesday, a Los Angeles jury did what L.A. juries do so often these days — they awarded tens of millions of dollars to an ex-employee who claimed she had been the victim of discrimination, wrongful termination and...more

Foley & Lardner LLP

Being Untruthful About the Reason for a Termination Can Get an Employer in Hot Water

Foley & Lardner LLP on

We have written in the past about how important it is for an employer to be accurate in articulating its reason for terminating an employee. For example, if an employer is terminating an employee for poor performance, the...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Renaissance School for Age and Sex Discrimination

School Fired Male Employee Because of His Age and Gender, Federal Agency Charges - MILWAUKEE - Renaissance School, Inc., of Racine, Wis., an owner and operator of government-funded private schools, violated federal law...more

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