News & Analysis as of

Retaliation Employment Litigation Damages

Proskauer - California Employment Law

Unsuccessful Whistleblower Was Not Entitled To Recover Attorney’s Fees

Lampkin v. County of Los Angeles, 2025 WL 1874669 (Cal. Ct. App. 2025) - D’Andre Lampkin, a deputy in the Los Angeles County Sheriff’s Department, investigated a man whom he believed was soliciting a prostitute. (In...more

CDF Labor Law LLP

Whistleblower Loses Fee Award Despite Jury Finding: Court Clarifies “Successful Action” Standard Under Labor Code Section 1102.5

CDF Labor Law LLP on

Retaliation Verdict Reversed Where Plaintiff Obtained No Relief - Can an employee prove retaliation at trial yet still recover nothing – not even attorney’s fees? According to a recent decision from the California Court of...more

Proskauer - California Employment Law

Nuclear Winter:  The Post-Verdict Battle in Employment Cases

As we have previously reported here and here, “nuclear” verdicts from California juries in employment discrimination and harassment cases have become increasingly common over the past few years. Although these massive...more

Proskauer - Whistleblower Defense

Former Executive Secures $34.5 Million Settlement in Whistleblower Retaliation Case

On March 20, 2025, in Zornoza v. Terraform Global Inc. et al, No. 818-cv-02523 (D. Md. Apr. 4, 2025), a former executive of two SunEdison subsidiaries secured a $34.5 million settlement over his SOX whistleblower retaliation...more

Proskauer - California Employment Law

Court Reverses $10 Million Sexual Harassment Verdict Due To Judge’s “Bizarre Comments”

On April 7, 2025, the California Court of Appeal reversed a whopping $10 million verdict in favor of an employee in a sexual harassment case due to the trial judge’s improper evidentiary rulings and inappropriate comments...more

CDF Labor Law LLP

Intersection Between Defamation and Wrongful Termination Claims - California Court of Appeal Provides Clarification

CDF Labor Law LLP on

Employees who sue their former employer for wrongful termination following a workplace investigation may feel compelled to bring a claim for defamation, based on their belief that the allegations and/or investigation findings...more

Rumberger | Kirk

A Blow to Whistleblowers: No More Pain and Suffering Damages

Rumberger | Kirk on

On February 26, 2025, in the lawsuit Agency for Persons with Disabilities v. Toal, the First District Court of Appeal held that noneconomic damages are not a form of relief that can be recovered under Florida’s Public-sector...more

Shook, Hardy & Bacon L.L.P.

Former Driver Wins “Nuclear Verdict” Against Global Package Delivery Company in Retaliation Lawsuit

On September 12, 2024, a Yakima, Washington jury awarded a $237.6 million nuclear verdict to Tahvio Gratton, a former package delivery driver who filed a lawsuit against his employer for violation of federal and state...more

Littler

Alberta, Canada’s Human Rights Tribunal Awards $50,000 to Employee Whose Employment Was Terminated After Claiming Sexual...

Littler on

In McCharles v Jaco Line Contractors Ltd., 2022 AHRC 115, an employee alleged that her employer discriminated against her on the basis of gender contrary to the Alberta Human Rights Act (AHRA) when it terminated her...more

Bass, Berry & Sims PLC

Anti-Retaliation under the False Claims Act

The False Claims Act encourages whistleblowers to come forward when they suspect their employer is committing fraud. This post provides a general overview of the False Claims Act’s anti-retaliation provision, which protects...more

Butler Snow LLP

Step-dad’s “slobbery” kiss leads to big trouble for Tennessee employer

Butler Snow LLP on

Under Title VII, an employer can be held liable for retaliation by a non-supervisory co-worker if (1) the conduct is sufficiently severe to dissuade a complaint of discrimination; (2) management was aware of the behavior; and...more

Littler

Puerto Rico Supreme Court Rules on Damages Calculations Involving Double Penalties and Alternate Income Streams

Littler on

In Torres Rivera v. Econo, 2021 TSPR 150, 208 D.P.R. __ (Nov. 18, 2021), the Puerto Rico Supreme Court (“PRSC”) determined that when a plaintiff prevails in a discrimination lawsuit, any award of back pay (lost wages) to be...more

BCLP

Implied duty of mutual trust and confidence and employers’ right to terminate

BCLP on

In Hong Kong, an implied duty of mutual trust and confidence (“Duty”) exists between an employer and an employee. This duty requires that an employer shall not “without reasonable and proper cause, conduct itself in a manner...more

U.S. Equal Employment Opportunity Commission...

Chipotle to Pay $70,000 to Settle EEOC Sexual Harassment and Retaliation Case

Restaurant Fired Employee After She Reported Sexual Harassment, Federal Agency Charged - TAMPA, Fla. – Chipotle Services LLC, doing business as Chipotle Mexican Grill, a Mexican-style fast food chain, has agreed to pay...more

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

Treble Ahead? SJC Opinion Offers Damages Caution for Massachusetts Employers With Commissioned Employees

On February 12, 2020, the Massachusetts Supreme Judicial Court (SJC) issued an opinion with significant implications for Massachusetts employers with commissioned employees. In Parker v. EnerNOC, Inc. (SJC-12703), the SJC...more

Cozen O'Connor

#No Filter: Terminating an Employee for Social Media Posts – Part 2

Cozen O'Connor on

Prior to the advent of social media and especially the #MeToo movement, employers were generally comfortable drawing a bright line between what employees did on their own time and workplace misconduct. ...more

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