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Employment Law

Plaintiff gets texts on county employee’s personal phone (access required)

Despite Page County’s objection to a magistrate judge’s ruling on a terminated employee’s discovery motion, the plaintiff is entitled to text messages on the personal cell phone of a county employee, communications between that employee and a county contractor and ...

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Termination based on lack of productivity, not complaints (access required)

Where a school human resources official was terminated, for a history of non-responsiveness and unproductiveness, the school board prevailed in proving her termination was not in retaliation for her complaints. Background Ms. Gooding-Williams raised three claims against FCSB. In Count ...

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Plaintiff’s ‘color’ claim within scope of administrative charge (access required)

Although the plaintiff’s claim did not expressly allege discrimination on the basis of color,  the administrative investigation revealed allegations of color discrimination that were reasonably related to the original race discrimination charge. Background Nikki A. Gardner began working as a ...

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Tipped employees could sue employer for minimum wage violations (access required)

Where servers and bartenders at a restaurant were routinely required to spend significant portions of their time as tipped employees performing both related and unrelated non-tip-producing tasks, they could sue their employer for violations of the Fair Labor Standards Act ...

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Firefighter could sue county for failing to accommodate his PTSD (access required)

A firefighter did not need to specify the essential functions of his job with the Chesterfield Fire and Emergency Medical Services to sue the county for violating the Americans with Disabilities Act by arbitrarily discontinuing an accommodation made for his ...

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Employee’s claims rejected because safety trumps disability (access required)

Where an employee was terminated because she could not wear required safety footwear due to a physical condition, General Dynamics had legitimate business reasons for enforcing its policy of requiring its workers to wear safety shoes. Background Plaintiff Shelia Holmes ...

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Defendants liable for failing to make contributions to benefit plans (access required)

An employer that is a party to a collective bargaining agreement, and a separate company found to be its alter ago, are liable for unpaid contributions to benefit plans and other damages, including interest, liquidated damages, and attorney’s fees. Background ...

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