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U.S. Supreme Court Allows Retaliatory Discharge Lawsuits By Persons Sufficiently Close To An Employee Who Makes A Discrimination Charge; Will New York State Courts Do The Same?

The anti-retaliation provision of Title VII of The Civil Rights Act of 1964, as amended ("Title VII") prohibits an employer from "discriminat[ing] against any of his employees . . . because he has made a charge" under Title VII. 42 U.S.C. § 2000e-3(a). Title VII allows "a...

Public Policy is in the Eye of the Beholder

Consider the following two wrongful discharge cases, both recently decided by different Ohio appellate courts, and think about which you believe presents a bigger risk for the employer: 1. In Morris v. Dobbins Nursing Home (6/20/11) , a nursing home aide claimed that she was illegally terminated because...

Keller & Heckman: Wrongful Termination: Mixed Motives and Damages in California (Harris v. City of Santa Monica)

I. THERE ARE MOTIVATIONS AND THEN THERE ARE MOTIVATIONS The Supreme Court of California recently addressed a challenging issue associated with employee wrongful termination actions. The Supreme Court considered the situation where an employee establishes a discriminatory motivation and the employer...

Good News/Bad News for Wrongful Termination - COTW # 135

Another day, another court decision striking down an employee's attempt to bring a "wrongful termination" claim. The Pennsylvania Superior Court case is Mikhail v. Penn. Org. for Women in Early Recovery , 2013 Pa. Super. LEXIS 82 (slated for publication in A.3d) [ an enhanced version...

Are Factual Findings Made in Unemployment Benefits Hearings Binding on the New York State Courts?

In wrongful termination lawsuits, the courts of the State of New York, and federal courts applying New York law, do not preclude either employers or workers from relitigating issues of fact or law decided adversely to them in unemployment insurance benefits hearings. See N.Y. Labor Law § 623(2)...

"At Will" Employment vs. Right to Self-Defense

Today, in my employment law class, we cover the case of Weaver v. Harpster . The Supreme Court of Pennsylvania held that a woman could not sue her employer for sex discrimination/harassment [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ]. That probably comes as...