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Showing 5 posts in Termination.

SCOTUS Aligns Application of Statute of Limitations in Constructive Discharge and Actual Discharge Cases

The U.S. Supreme Court held in Green v. Brennan that the statute of limitations for a constructive discharge begins to run on the date of resignation, not the date of the employer’s last discriminatory act, resolving a circuit split. As a result, in determining the deadline for filing a charge of discrimination with the EEOC, constructive discharge cases will be treated the same way as actual discharge cases. More ›

Legitimate Business Reasons Support Termination, Despite Employee's Recent Complaints of Discrimination

Employers often feel forced to walk on eggshells around employees who have made informal or formal complaints of discrimination, and often go so far as excusing otherwise inappropriate conduct for fear of a retaliation claim if any adverse action is taken. A recent case out of the Ninth Circuit provides some hope for employers in this regard. More ›

Court Incorrectly Denies Employee Opportunity to Present Comparator Evidence

A product engineer took an approved four-week leave of absence to visit family in Gaza, but upon return, security issues rendered it impossible for him to return to the United States prior to the end of his leave. His employer extended his leave for another 45 days. On the day he was scheduled to be terminated for failure to return to work, the employee sent an email to his supervisors advising that he was finally able to exit Israel and was trying to get a flight back to the United States.The employee returned to work roughly one week later and was informed that he had been terminated. More ›

Private Facebook Message not Concerted Activity Under NLRA

In this case, an employer terminated a medical office worker based upon a private Facebook message she sent to nine other current and former employees. The message contained derogatory comments about the employer but focused on one supervisor and another returning supervisor she disliked. The employee also expressed a desire to be terminated. No one copied on the message responded directly to the message content at issue. Another employee who received the message gave it to the employer. The employer terminated the author of the message on the grounds that it was obvious the employee no longer wished to work there and disliked the employer and, given these feelings, the employer was concerned about the employee’s interactions with patients.  More ›

EEOC Findings not Dispositive in Employee’s Discrimination Suit

Just because the EEOC finds that an employee was subjected to a retaliatory termination does not mean an automatic win in the courts. The plaintiff-employee in this case learned that the hard way. More ›

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