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Employment Law

Multiple incidents provide causal connection for claim (access required)

Although 15 months elapsed between the date the school board learned about a teacher’s membership in the National Association for the Advancement of Colored People and the decision to not renew her contract, four discrete incidents of retaliatory animus that ...

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Former employee alleges adverse treatment based on sexual orientation (access required)

A former employee’s factual allegations that he was subjected to differing conduct and comments that were tied to his gender-nonconforming behavior and sexual orientation were sufficient to defeat an association’s motion to dismiss those claims. Background This matter is before ...

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FMLA interference claim fails, leave was exhausted (access required)

Where an employee was correctly told that his leave under the Family and Medical Leave Act was exhausted, his FMLA interference and retaliation claims failed because his termination stemmed from violation of the attendance policy. His assertion that he believed ...

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Defaulting employer liable for overtime wages and fees (access required)

Where an employer never responded to the employee’s claims for unpaid overtime wages and liquidated damages, the employee was awarded $3,920 in overtime wages, an equal amount as liquidated damages and $8,329.75 in attorneys’ fees and costs. Background Plaintiff filed ...

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Privilege waived by production of email with lawyer (access required)

Where a teacher produced an email exchange with her lawyer over the receipt of a right-to-sue letter from the EEOC, she waived the privilege as to the contents of that communication and related subjects, including the dismissal notice, the right-to-sue ...

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