Category Archives: Wrongful Termination

Sixth Circuit Takes a Look at Employee’s Age, Race, and Sex Discrimination Claim.

27 Saturday Feb 2016

Posted by in 6th Circuit Court of Appeals, Employment Law, Gender Discrimination, Race Discrimination, Wrongful Termination

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Dis-Orderly Conduct: Hospital Security Guard Fired After Incident With Psychiatric Patient Cannot Advance Discrimination Claims, by Alexis B. Kasacavage, Bingham Greenebaum Doll, LLP Blog  

http://www.lexology.com/library/detail.aspx?g=729cc33f-832f-49e3-97f6-7a1c3c8f1997

Interesting analysis on how the courts came to the same conclusion but for different reasons. -CCE

 In Loyd v. Saint Joseph Mercy Oakland, et al., the Sixth Circuit recently upheld a Michigan district court’s decision to dismiss a 52-year-old African-American female security guard’s age, race and sex discrimination claims arising from her discharge following an incident with a combative psychiatric patient at the hospital where she worked.

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Fifth Circuit Reverses District Court On Termination of Temporary Employees.

24 Monday Aug 2015

Posted by in 5th Circuit Court of Appeals, Employment Law, Litigation, Summary judgment, Workers' Compensation, Wrongful Termination

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Fifth Circuit Reverses Western District for Making Credibility Determinations, by Thomas J. Crane, San Antonio Employment Law Blog

http://tinyurl.com/nk7tmln

In Burton v. Freescale Semiconductor Inc. and Manpower of Texas, LP, No. 14-50944 (5th Cir. 8/10/2015), the Fifth Circuit overruled the district court’s summary judgment. The court addressed a frequent issue, who is responsible for the termination of temporary employees? But, in so doing, the higher court also addressed a more frequent issue, how to apply the summary judgment standard. . . .

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Wrongful Termination for Religious Discrimination – Spoiler Alert! The Employer Wins.

22 Wednesday Jul 2015

Posted by in Employment Law, Religious Discrimination, Wrongful Termination

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Oy Vey! No Religious Discrimination in Jewish Nurse’s Termination, by Jason Shinn, Michigan Employment Law Advisor

http://tinyurl.com/q8ddaj8

A recent religious discrimination claim dismissed in favor of an employer offers a number important take-aways for both employers and employees. . . .

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Employment Law Fallacies – How Many Will You Get Right?

01 Monday Jun 2015

Posted by in At-Will Employment, Employee Manuals, Employment Law, Whistleblower, Wrongful Termination

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Nine Employment Law Myths, by Thomas J. Crane, San Antonio Employment Law Blog

http://tinyurl.com/o2xdkpa

Many potential clients, friends and some folks I barely know share their knowledge with me about employment law.  Unfortunately, many of them are flat wrong. Here are a few of the more common employment law myths I encounter. . . .

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Is Claustophobia A Viable ADA Lawsuit?

04 Wednesday Mar 2015

Posted by in Americans With Disabilities, Disabilities, Employment Law, Wrongful Termination

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Lawyer’s Claustrophobia ADA Suit Survives Motion To Dismiss, by Debra Cassens Weiss, Undisputed Legal Inc.

https://undisputedlegal.wordpress.com/2015/03/02/lawyers-claustrophobia-ada-suit-survives-motion-to-dismiss/

A Philadelphia lawyer who claimed her law firm failed to accommodate her claustrophobia may proceed with her lawsuit, a federal judge has ruled. E refused to dismiss the disability suit against the law firm Marshall Dennehey Warner Coleman & Goggin, the Legal Intelligencer (sub. req.) reports. The plaintiff, former law firm associate Erica Serine, had claimed the law firm refused to accommodate her disability and then fired her.

According to Schiller’s Feb. 25 opinion (PDF), Serine had requested a transfer in 2012 from a Marshall Dennehey office in Moosic, Pennsylvania, to an office in Philadelphia or Cherry Hill, New Jersey, to be close to family in the area. The firm allowed a transfer to the Philadelphia office.

But Serine says she experienced anxiety and other symptoms of claustrophobia beginning with her elevator ride to the 24th floor of the Philadelphia office on Oct. 1, 2012. She ‘obsessively researched evacuation plans’ and had trouble sleeping and eating, the opinion said. She was extremely nervous at work, particularly when in the elevator or when away from a window.

The law firm allowed Serine to work from home while she sought treatment with a psychologist, but turned down her request to work at the Cherry Hill office or Pennsylvania offices in King of Prussia or Doylestown.

In December 2012, Serine was advised she could work in Philadelphia or Moosic, but she could not continue to work from home. She was fired the next month. . . .

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Note Limited Time to File Employment Discrimination Charge!

14 Saturday Jun 2014

Posted by in Anti-Retaliation, Bullying, Disabilities, EEOC, Employment Law, Fair Labor Standards Act, Gender Discrimination, Harassment, Hostile Work Environment, Minimum Wage, Overtime, Pregnancy Discrimination, Race Discrimination, Sexual Harassment, Wrongful Termination

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Time Limits For Filing A Charge, U.S. Equal Employment Commission

http://www.eeoc.gov/employees/timeliness.cfm

The anti-discrimination laws give you a limited amount of time to file a charge of discrimination. In general, you need to file a charge within 180 calendar days from the day the discrimination took place. The 180 calendar day filing deadline is extended to 300 calendar days if a state or local agency enforces a law that prohibits employment discrimination on the same basis. The rules are slightly different for age discrimination charges. For age discrimination, the filing deadline is only extended to 300 days if there is a state law prohibiting age discrimination in employment and a state agency or authority enforcing that law. The deadline is not extended if only a local law prohibits age discrimination.

Note: Federal employees and job applicants have a different complaint process, and generally must contact an agency EEO Counselor within 45 days. The time limit can be extended under certain circumstances.

Regardless of how much time you have to file, it is best to file as soon as you have decided that is what you would like to do.

Time limits for filing a charge with EEOC generally will not be extended while you attempt to resolve a dispute through another forum such as an internal grievance procedure, a union grievance, arbitration or mediation before filing a charge with EEOC. Other forums for resolution may be pursued at the same time as the processing of the EEOC charge. . . .