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Wrongful Discharge

Why Employers Should Expand Management Training

June 1, 2010
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'Common-law' claims can prove every bit as problematic—and costly—as statutory discrimination claims, so employers should incorporate training in these general areas of the law into their overall management training program.
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FLSA Retaliation for Complaint to State Agency

May 7, 2010
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Firing an employee who has made any complaint about wages or overtime pay could subject the employer to liability for retaliation under the FLSA’s complaint clause as well as applicable state law.
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The Trouble With Online References

February 3, 2010
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An innocent-sounding recommendation could be fuel for a wrongful termination lawsuit. Here are some guidelines to consider when deciding whether your organization should permit employees to make colleague recommendations via LinkedIn or other social networking sites.
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Whistle-Blower Claim Against Wal-Mart to Proceed

November 18, 2009
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Employers need to be careful before dismissing an internal complaint. This decision is a warning to all employers that internal complaints may be considered actionable whistle-blower activity.
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No WARN for Layoffs at Non-Contiguous Facilities

November 13, 2009
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Employers are advised to review applicable WARN regulations—together with employee proximity, purpose and use of equipment—to assess WARN Act applications.
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Toyota Whistleblower Case Could Prompt Added Litigation

September 8, 2009
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A former Toyota attorney’s lawsuit claiming the company withheld and destroyed evidence regarding rollover accidents has prompted a Texas vehicle safety attorney to prepare to refile 15 lawsuits against the automaker on Tuesday, September 8.
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Age as 'But-For' Cause Under ADEA

July 26, 2009
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Unlike Title VII of the Civil Rights Act of 1964, the ADEA does not provide that a plaintiff may establish discrimination by showing that age was simply a motivating factor. Under Gross, an employer does not have to prove that it would have made the same decision regardless of age, even if the employee produces some evidence that age may have been a contributing factor in the decision.
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Failure to Accommodate Pregnancy

June 19, 2009
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Employers are advised to consider state law obligations to accommodate disabled employees due to pregnancy. If the employer has an alternative or interim work program for injured or disabled employees, state law may require the employer look into whether an open position exists for the pregnant employee under that program.
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Court Ruling Against Employer in Defamation Suit Affirmed

May 15, 2009
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An employer who ‘closes his eyes to the facts’ regarding false accusations of theft cannot avoid a defamation charge, the Connecticut Supreme Court says.
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Are You Prepared to Deal With Expanded Anti-Retaliation Laws

May 14, 2009
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The job of the human resources practitioner in dealing with the anti-retaliation provisions of the various federal employment laws continues to get a lot harder. Not only are the actions that constitute retaliation a lot more difficult to pinpoint, but the description of those that come within the proscriptions of the various anti-retaliation laws has now been expanded—most recently by a January 2009 U.S. Supreme Court decision.
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