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Wrongful Discharge

The Trouble With Online References

February 3, 2010
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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Toyota Whistleblower Case Could Prompt Added Litigation

September 8, 2009
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

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

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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Are You Prepared to Deal With Expanded Anti-Retaliation Laws

May 14, 2009
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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