Tag: Employment law

Don’t Count those Chickens Just Yet: Case Reborn after Dismissal

In the following case, a procedural error resulted in the dismissal of two employees’ claims against their employer. However, one of the employees saw her case revived after the other employee abandoned her claim while the issue was being appealed.

Tennessee Court Gives No Quarter to Fired Undocumented Immigrant

Tennessee’s workers’ compensation statute allows injured workers to recoup benefits regardless of whether they are lawfully employed. In a recent case, a West Tennessee federal district court considered whether an undocumented immigrant could file a lawsuit against his former employer, whom he claims fired him in retaliation for pursuing workers’ comp.

3-Step Analysis for Deciding if Reason for Striking Potential Jurors is Discriminatory

A recent decision by the Florida 5th District Court of Appeals (DCA) dealt with one of the many variables that can determine the outcome of an employee’s lawsuit against your company: jury selection. In Florida civil cases, a large pool of potential jurors is called to jury duty. On the morning of the trial, members […]

Advantage Serena: Employment Issues Raised by Tennis Star’s Return to Work

Serena Williams is one of the greatest athletes of all time–man or woman–period. In her 25-year professional career, she has dominated on the tennis court by winning nearly 40 major titles (singles and doubles). Roger Federer, a tennis legend in his own right, has remarked that Williams is “one of the greatest, if not the […]

metoo

Company Freed from Liability in Harassment Case Based on Prompt Complaint Response

On June 25, 2018, the 11th Circuit held that a district court did not err in rejecting a jury verdict in favor of an employee on her sexual harassment claim and granting judgment in the employer’s favor. After all, the employer took prompt remedial action by immediately instructing the alleged harasser to stay away from […]

English-Only Policies Are Presumptively Unlawful Under New FEHA Regs

California leads the United States in foreign-born and non-English- speaking residents. According to data from the U.S. Census Bureau, almost half of all Californians speak a language other than English at home. Nearly one-third of the state’s population is foreign-born (10 million people), which accounts for about a quarter of the foreign-born population in the […]