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Employment Law

Arbitrator’s interpretation of ‘good cause’ was OK (access required)

Where the collective bargaining agreement between Safeway and its union did not define what constitutes “good cause” to terminate an employee, the arbitrator’s decision to reinstate the grievant was not an irrational interpretation. However, because Safeway’s position was plausible and ...

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Discipline, ostracization are not adverse employment actions (access required)

Even if a Nigerian doctor hired as a hospitalist was disciplined, suffered social ostracization and was assigned to less favorable working conditions because of his race, the actions in this case did not constitute adverse employment actions. Background The district ...

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Employee terminated for conduct, not his race or complaints (access required)

Where the record reflected legitimate concerns that the communication skills of a former Old Dominion University employee were impaired, that the impairment was affecting his work and that he repeatedly failed to attend a required evaluation, it was his  conduct, ...

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Salesperson’s unpaid commission claims reinstated (access required)

Where a salesperson alleged IBM defrauded him by “capping” his sales commissions despite allegedly representing they would not be capped, his claims for fraud, unjust enrichment or quantum meruit were not foreclosed by disclaimer language in which IBM reserved its ...

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PTO did not discriminate or retaliate against ex-employee (access required)

The Merit Systems Protection Board, or MSPB, and the Equal Employment Opportunity Commission did not err in upholding the dismissal of plaintiff from the Patent and Trademark Office. The plaintiff failed to exhaust his administrative remedies or did not engage ...

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Town must face retaliation claim by former town attorney (access required)

The former attorney for the Town of Abingdon, who suffers from anxiety, depression and metallosis, alleged facts that, if true, supported a constructive discharge theory, and she alleges that after she filed her EEOC charges, the town’s behavior worsened. But ...

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No basis found for award of punitive damages in harassment case (access required)

Although AutoZone remained liable for compensatory damages awarded to a former employee because of sexual harassment by a co-worker, the punitive damages award was vacated because there was insufficient evidence his managers engaged in intentionally discriminatory practices themselves with malice ...

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