It is axiomatic in Massachusetts—and the significant majority of other American jurisdictions—that an employer may not retaliate against an employee who sustains a work-related injury. The protections afforded under the Bay State’s retaliatory... Read More
An employer who waited 10 months after an employee’s work-related injury to fill the position and who offered the employee a number of positions when she sought post-recovery employment did not discriminate against the employee “solely because”... Read More
Construing South Carolina law, a federal district court held that S.C. Code § 41-1-80 and statutes like it do not require an employer to retain an employee who can no longer perform the duties of her job simply because her inability to perform the... Read More
A former employee should be permitted to pursue a claim under against a former employer for retaliatory discharge under Conn. Gen. Stat. § 31-290a, in spite of the fact that the former employee’s union filed a grievance that was submitted to... Read More
Larson's Spotlight on Company Truck and Employee Travel, Wrongful Death, Minimal Income, and Retaliatory Discharge. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's... Read More
Larson's Spotlight on Presumption of Compensability, Social Security Offset, Exclusive Remedy and Co-Employee Immunity, and Retaliatory Discharge. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the... Read More
Larson's Spotlight on Traveling Employee, Special Employer, Intentional Tort, and Retaliatory Discharge. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers'... Read More
Larson's Spotlight on Odd-Lot Doctrine, Exclusive Remedy, Retaliatory Discharge, and Disfigurement Award. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers'... Read More
Larson's Spotlight on Retaliatory Discharge, Credibility of Witnesses, Notice of Injury, and Project Owner Liability. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's... Read More
A Texas appellate court affirmed summary judgment in favor of a former employer in a retaliatory discharge case filed against it by a worker who was terminated when he refused to take a drug test following a collision between the worker’s truck... Read More
A Texas appellate court recently affirmed a judgment on a jury verdict of more than $100,000 in favor of a former employee who filed a retaliatory discharge action against the former employer. The employer contended the employee was terminated pursuant... Read More
Thomas A. Robinson, J.D., the Feature National Columnist of the LexisNexis Workers’ Compensation eNewsletter , is a leading commentator and expert on the law of workers' compensation State Workers’ Comp Acts: Are They Effective? ... Read More
Answering a question of law certified by the U.S. District Court for the Middle District of Tennessee, the state’s Supreme Court held that a job applicant does not have a cause of action under the Tennessee Workers’ Compensation Act against... Read More
A Texas appellate court affirmed a summary judgment order favoring the employer in a retaliatory discharge action under Tex. Lab. Code Ann. § 451.001(1). Although the superintendent and others were aware that the employee had been injured, none was... Read More
Larson's Spotlight on Future Medical Benefits, Employee Status, Retaliatory Discharge, and Disfigurement. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers'... Read More