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Employment Law

Filing deadline not tolled by dismissal of suit (access required)

Where a former bank employee asserted discrimination claims within 90 days from the date she received a right-to-sue notice, but her suit was dismissed without prejudice for failure to prosecute, the dismissal didn’t toll the 90-day statute of limitations. As ...

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Firing result of alleged sexual conduct, not bias (access required)

Where a female supervisor alleged her termination, following an investigation of alleged inappropriate sexual conduct in a supply closet, was sex discrimination, but the male store manager who was in the supply closet was also terminated, the store prevailed on ...

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No evidence that HR investigation was pretextual (access required)

Where an employee terminated for cursing, insubordination and threats alleged his firing was actually unlawful retaliation, the investigation into his conduct was not “obviously inadequate” and there was no evidence it was pretext. Background Tremayne A. Powell appeals from the ...

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Notices on negotiations wasn’t unfair labor practice (access required)

Where the manufacturing company posted notices about then-ongoing negotiations with the union, but did so in a straightforward manner that expressed its position without directly or indirectly soliciting employee action, it did not commit an unfair labor practice. Background Tecnocap ...

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Manager axed over employee injuries, not age (access required)

Where the record showed a manufacturing manager was terminated because of a consistent increase in the number of Occupational Safety and Health Administration, or OSHA, recordable injuries at his plant, his age discrimination claim failed as a matter of law. ...

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Lack of comparators dooms pay bias claim (access required)

Where a Walmart bakery/deli division area manager alleged she was paid less because of her gender, but her male comparators held different jobs and had different duties, skills and relevant work experience, Walmart was granted summary judgment. Background Stephanie Chapman ...

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