The 7th circuit court of appeals recently held that it can be retaliation when a corporation publically disclosed that an employee filed a claim with the Equal Employment Occupational Commission (EEOC). The employee basically said that this disclosure made it impossible for her to get a job. With the increased use of the Internet it […]
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Retaliation—Proof of Causation—Discrimination in Promotion—Metropolitan Transit Authority of Harris County v. Ridley, ___ S.W.3d ___, 2017 WL 3910160 (Tex. App.—Houston [1st Dist.] 2017)—In a Chapter 21 suit against a public employer the plaintiff bears elevated pleading requirements to overcome the employer’s sovereign immunity defense. In this case the court holds that the plaintiff failed to
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Atkins v. Southeast Community Health System, 2017 U.S. App. LEXIS 21729 (5th Cir. 2017) (unpublished). The plaintiff’s Title VII retaliation claim failed as a matter of law because the temporal proximity of ten months between the employer’s knowledge of the filing of the plaintiff’s EEOC charge and the adverse employment action was insufficient by itself
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Did you give your employer sufficient notice that you were injured at work? Can you prove it? If not, you may be denied coverage for your work injury. If your employer carries workers’ compensation what is the first thing that you should do? I see people every week who come in to see me because
What do you do when you first have a work injury? Read More »
If you are off on FMLA leave your employer cannot retaliate against for taking or requesting FMLA. While many types of retaliation require you to prove that “but for” you taking certain action (ex: requesting not to be sexually harassed) you would not have been fired or disciplined. Recently a Federal District Judge was asked
Many people associate a work injury with a personal injury claim, but in fact when you are injured at work or if a family member is killed at work, there are many different laws that apply to a work injury that would not apply to a basic personal injury case. How does a work injury
How does a work injury claim differ from a basic personal injury claim? Read More »