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Employment Law

Man terminated for inability to perform, not bias

Where a maintenance worker admitted that his job required frequently lifting light objects, and occasionally lifting heavy objects, and he could no longer perform those essential functions, his employment was ended for a legitimate business reason. Background Terry Harris, who ...

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Man can’t show termination related to protected activity

Where there was a one year gap between a store manager’s alleged protected activity and his termination, a few instances of the silent treatment and a single reprimand were insufficient to show his termination was causally connected to his protected ...

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Filing deadline not tolled by dismissal of suit

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

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

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

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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