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Costa v. Desert Palace Inc.
Without substantial evidence of discriminatory animus by employer, court may not give mixed-motive instruction to jury in wrongful termination case.
Employment Law Dec. 6, 2001
Cooper v. Central & Southwest Services
Termination of employee while receiving temporary total disability is violation of Oklahoma's Workers' Compensation Act.
Employment Law Dec. 4, 2001
Thiessen v. General Electric Capital Corp.
District court abuses discretion in decertifying class and dismissing individual claims of age discrimination.
Employment Law Nov. 29, 2001
Tinjum v. Atlantic Richfield Co.
Diabetic truck driver's discrimination claim not entitled to summary judgment because he fails to show job solely involved intrastate commerce.
Employment Law Nov. 21, 2001
Robinson v. City and County of Denver
Success of hostile work environment claim depends on totality of circumstances.
Employment Law Nov. 20, 2001
Michael v. Riverside Cement Company Pension Plan
ERISA violation is found where pension plan amendment reduced early retirement payments.
Employment Law Nov. 19, 2001
Baldwin v. Trailer Inns Inc.
Court correctly grants summary judgment for employer on employees' overtime claim under federal act, but summary judgment improper on contract breach claim.
Employment Law Nov. 19, 2001
Regula v. Delta Family-Care Disability Survivorship Plan
Court should've determined whether ERISA plan had conflict of interest before applying deferential standard of review to plan's decision to discontinue benefits.
Employment Law Nov. 19, 2001
U.S. Postal Service v. Gregory
Merit Systems Protection Board may independently review pending discipline against employee to determine if current discipline is reasonable.
Employment Law Nov. 18, 2001
Stahl v. Delicor of Puget Sound
Driver of delivery truck is not exempt from overtime requirements of state minimum wage law.
Employment Law Nov. 15, 2001
Mitchell v. Board of Industrial Insurance Appeals
Veteran with minimal qualifications was not entitled to employment preference.
Employment Law Nov. 15, 2001
Mathews v. The Denver Post
Disabled employee was not qualified for job because he could not perform its essential functions.
Employment Law Nov. 13, 2001
Southern California Gas Co. v. Utility Workers Union of America, Local 132, AFL-CIO
Court affirms arbitrator's order that employer must reinstate employees who failed federally mandated drug tests because results were reviewed by imposter physician.
Employment Law Nov. 13, 2001
Rodriguez v. Airborne Express
Lawsuit is dismissed because plaintiff failed to exhaust administrative remedies by not filing timely charge with Department of Fair Employment and Housing.
Employment Law Nov. 13, 2001
Rosenman v. Christensen, Miller, Fink, Jacobs, Glaser, Weil & Shapiro
Employer who successfully defended against discrimination suit is not entitled to attorney fee award unless employee's claim was frivolous.
Employment Law Nov. 12, 2001
Guthart v. White
Employee is not eligible for health benefits because no detailed written agreement existed between employer and union trust fund.
Employment Law Nov. 12, 2001
Courtesy Ford v. Byrne
Television won in raffle by employee at auction attended for benefit of employer is not wages.
Employment Law Nov. 1, 2001
Staff Builders Home Healthcare v. Whitlock
Former of healthcare provider breached non-competition agreement by providing services to former clients.
Employment Law Nov. 1, 2001
Medley v. Polk Co.
Employer who fires employee under honest but mistaken belief that employee abandoned job does not violate Family and Medical Leave Act.
Employment Law Oct. 30, 2001
EEOC v. Karuk Tribe Housing Authority
Court improperly enforced administrative subpoena against Indian tribe when Age Discrimination in Employment Act did not apply to tribe in this case.
Employment Law Oct. 30, 2001
Swinton v. Potomac Corp.
Any evidentiary or instructional errors in employment discrimination case were harmless and punitive damages were warranted as matter of law.
Employment Law Oct. 28, 2001
Taylor v. Graham County Chamber of Commerce
Terminated employee had no cause of action for wrongful termination under Employment Protection Act, Arizona Civil Rights Act or breach of contract.
Employment Law Oct. 23, 2001
Schikore v. Bankamerica Supplemental Retirement Plan
Employee who proved that she mailed required form may be entitled to ERISA benefits despite employer's claim that form was never received.
Employment Law Oct. 21, 2001
Griffin v. Steeltek Inc.
Unlawful questions on employment application about medical history did not lead to disability discrimination.
Employment Law Oct. 19, 2001
Tate v. Farmland Industries Inc.
Disabled employee didn't gave requisite skills, as determined by employer, to perform job.
Employment Law Oct. 16, 2001
Torres v. Parkhouse Tire Service
Under statute allowing injured employee to sue another employee, court properly instructed jury that injured employee must prove other employee intended injury.
Employment Law Oct. 15, 2001
Welch v. Oakland Unified School District
School district's employment contracts violate Education Code provision which requires minimum of 30-days notice and opportunity to appeal when terminating employee.
Employment Law Oct. 15, 2001
Bachelder v. America West Airlines Inc.
Employer violates Family and Medical Leave Act by considering protected absences in decision to fire employee.
Employment Law Oct. 9, 2001
Motion Picture Industry Pension & Health Plans v. N.T. Audio Visual Supply Inc.
Health and pension plan trustees satisfied burden of production by providing evidence that employer failed to maintain records and make proper payments.
Employment Law Oct. 8, 2001
Bennett v. Quark Inc.
Plaintiff's case did not warrant tolling because it failed to show evidence of active deception by employer.
Employment Law Oct. 7, 2001