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Employment Law

Research assistant’s claims dismissed

Where a research assistant alleged that, after he complained about disparaging comments by his supervisor, the supervisor retaliated against him by giving him bad grades, which led to him losing his research assistant position, but there was insufficient evidence of ...

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U.S. invokes states secrets privilege in non-solicit dispute

Where a company sued its former employees for violating a non-solicitation promise, and sued their new company for tortious interference, the United States was permitted to intervene in the suit to invoke the “state secrets” privilege because the companies performed ...

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Deputy alleges sheriff didn’t accommodate his disability

Where a deputy sheriff plausibly alleged that he could perform the essential functions of his position, his failure to accommodate claim survived the defendants’ motion to dismiss. Because sovereign immunity barred any claim for monetary damages and back pay, however, ...

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Prevailing supervisor denied attorneys’ fees

Although the court previously held an employee’s race discrimination claim was time barred, it refused to award attorneys’ fees to the prevailing supervisor. The fact that the court rejected the man’s “continuing violation” theory wasn’t enough to show that the ...

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Constructive discharge claim doomed by own allegations

Where a bank employee asserted a claim for constructive discharge, but elsewhere alleged that she had been terminated, her claim failed because she did not state she resigned her employment. Moreover, she did not allege facts showing objectively intolerable working ...

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