Tag: pretext

May 13, 2021

PA Tow Truck Operator Was Employee, Not an Independent Contractor

In Berkebile Towing & Recovery v. Workers’ Comp. Appeal Bd. (Harr), 2021 Pa. Commw. LEXIS 427 (May 10, 2021), the Commonwealth Court of Pennsylvania affirmed a decision by the state’s...

PA Tow Truck Operator Was Employee, Not an Independent Contractor PA Tow Truck Operator Was Employee, Not an Independent Contractor
Jan 25, 2021

Opinion Mondays: Proximity in Time Between Injury and Firing is Not Always Sufficient to Establish Prima Facie Retaliatory Discharge Claim

While proximity of time between an employee’s injury and her firing is generally sufficient to make out a prima facie case for retaliatory discharge, a recent federal district court decision...

Opinion Mondays: Proximity in Time Between Injury and Firing is Not Always Sufficient to Establish Prima Facie Retaliatory Discharge Claim Opinion Mondays: Proximity in Time Between Injury and Firing is Not Always Sufficient to Establish Prima Facie Retaliatory Discharge Claim
Apr 28, 2020

Federal District Court Says Proximity of Firing to Filing Claim Was Alone Insufficient to Survive Employer’s Motion for Summary Judgment

Construing Colorado law, a federal district court granted, in relevant part, a former employer’s motion for summary judgment in a case filed against it for retaliatory discharge [Donez v. Leprino...

Federal District Court Says Proximity of Firing to Filing Claim Was Alone Insufficient to Survive Employer’s Motion for Summary Judgment Federal District Court Says Proximity of Firing to Filing Claim Was Alone Insufficient to Survive Employer’s Motion for Summary Judgment
Jan 28, 2020

Surreptitious Recording Reveals Firing Was Connected to Comp Claim and Not Immigration Status

Yesterday, a federal district court held that a Tennessee employer had violated state employment law regarding retaliatory discharge where the employee in question was fired within one hour of the...

Surreptitious Recording Reveals Firing Was Connected to Comp Claim and Not Immigration Status Surreptitious Recording Reveals Firing Was Connected to Comp Claim and Not Immigration Status
Jan 22, 2020

Firing Injured Florida Worker Before He Could File Claim Did Not Preclude Retaliatory Discharge Action

A Florida trial court erroneously granted a former employer summary judgment in a retaliatory discharge action filed by a former employee where the trial court based its decision on the...

Firing Injured Florida Worker Before He Could File Claim Did Not Preclude Retaliatory Discharge Action Firing Injured Florida Worker Before He Could File Claim Did Not Preclude Retaliatory Discharge Action
Dec 16, 2019

Proximity of NY Worker’s Termination to Claim Could Not Alone Establish Retaliatory Motive

Where a New York workers’ compensation claimant admitted that, prior to his work-related injury, he had been told by an employer’s representative that the employer had contacted the claimant’s union...

Proximity of NY Worker’s Termination to Claim Could Not Alone Establish Retaliatory Motive Proximity of NY Worker’s Termination to Claim Could Not Alone Establish Retaliatory Motive
Feb 25, 2016

Facebook® Plays Role in Indiana $400,000 Verdict for Retaliatory Discharge

An Indiana jury was within its province as factfinder in returning a verdict for more than $400,000 in compensatory and punitive damages against a former employer in a retaliatory discharge...

Facebook® Plays Role in Indiana $400,000 Verdict for Retaliatory Discharge Facebook® Plays Role in Indiana $400,000 Verdict for Retaliatory Discharge
Sep 28, 2015

Wyoming High Court Adopts “Substantial and Motivating Factor” Test to Judge Retaliatory Discharge Claim

Adopting the “substantial and motivating factor” test to determine if an employer’s decision to terminate a worker’s employment was retaliatory, the Supreme Court of Wyoming reversed a trial court order...

Wyoming High Court Adopts “Substantial and Motivating Factor” Test to Judge Retaliatory Discharge Claim Wyoming High Court Adopts “Substantial and Motivating Factor” Test to Judge Retaliatory Discharge Claim
Jul 1, 2014

Ohio: Trouble-Maker Fails to Prove Discharge Was Because of Workers’ Compensation Claims

Acknowledging that two employees who had been embroiled in a shouting match during the work day had been treated different by the employer–the employee who apparently started the argument received...

Ohio: Trouble-Maker Fails to Prove Discharge Was Because of Workers’ Compensation Claims Ohio: Trouble-Maker Fails to Prove Discharge Was Because of Workers’ Compensation Claims