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Retaliation › Internal Investigations › Employment Litigation

CDF Labor Law LLP

[Webinar] Workplace Investigation Essentials for Employers - Navigating Legal Minefields - May 21st, 10:00 am - 11:15 am PT

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Internal investigations are among the most legally sensitive and operationally disruptive processes for employers—especially when allegations of sexual harassment, discrimination, or retaliation arise. The inherent complexity...more

Genova Burns LLC

Twist & Shout: Supervisor’s Termination for Shouting Match With Subordinate Upheld Despite Alleged Whistleblowing Activity

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On February 16, 2024, the New Jersey Appellate Division in Ugarte v. Barnabas Health Med. Group, upheld the dismissal of a whistleblowing claim filed by a former supervisor. The Court affirmed the trial court’s decision...more

Bass, Berry & Sims PLC

Third Circuit Upholds Firing of Whistleblower Accused of Harassment by Oinking

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On August 26, the U.S. Court of Appeals for the Third Circuit issued an order reaffirming that potential False Claims Act (FCA) whistleblowers are not immune from being fired for workplace misconduct, especially where that...more

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

Fifth Circuit Relied on ‘Next to No Evidence’ of Animus in Discrimination Suit

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On May 13, 2022, the U.S. Court of Appeals for the Fifth Circuit affirmed summary judgment in favor of an employer, finding that a fired employee had failed to create a genuine dispute of material fact as to pretext. In Owens...more

Foley & Lardner LLP

Debunking Conventional Labor and Employment Wisdom

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In my 27 years of practicing labor and employment law, I have observed a number of repeated preconceptions and points that in my humble opinion are simply wrong. I am not arguing that everyone, or even most people, believes...more

Stoel Rives - World of Employment

Oregon Supreme Court Affirms That Employers Can Be Liable for Post-Employment Retaliation

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Oregon employers should be aware of the Oregon Supreme Court’s recent decision in McLaughlin v. Wilson, 365 Or 535, __ P3d __ (2019).  In McLaughlin, the court was asked to decide the scope of ORS 659A.030(1)(f), which makes...more

Fisher Phillips

Just (Don’t) Do It: Oregon Supreme Court Warns Against Cat’s Paw Retaliation

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The Oregon Supreme Court just revived a whistleblower retaliation claim filed against sportswear giant Nike by adopting for the first time a novel legal concept known as the “cat’s paw” theory. The July 18 opinion opens new...more

Seyfarth Shaw LLP

Fourth Circuit Ruling Provides Cautionary Tale for Employer’s Managing Internal Harassment Complaints and Investigations

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Seyfarth Synopsis: The Fourth Circuit recently found that reducing a current employee’s voluntary overtime opportunities – despite the absence of a reduction in overall income – could be considered a tangible or materially...more

Seyfarth Shaw LLP

Sixth Circuit Denies Review Of Judgment Favoring Former Employee In Retaliation Claim Under The Mine Act

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Seyfarth Synopsis: The Sixth Circuit recently upheld an administrative decision in favor of a miner’s whistleblower complaint, further underscoring the need for mine operators to implement strong anti-retaliation policies and...more

U.S. Equal Employment Opportunity Commission...

Better 4 You Breakfast Settles EEOC Lawsuit for Retaliatory Discrimination

U.S. Equal Employment Opportunity Commission... on

School Meals Provider Will Pay $62,500 to Settle Retaliation Claims and Provide Training to Employees on Retaliation - PHOENIX - A Commerce, Calif.-based company that provides prepared meals to schools has agreed to...more

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