Tag: pretextual

Mar 18, 2021

Ohio Employee’s Termination Linked to Safety Violation, Not His Comp Claim

An Ohio appellate court affirmed a trial court’s decision granting an employer summary judgment in a retaliatory discharge action filed against it by an employee who was terminated soon after...

Ohio Employee’s Termination Linked to Safety Violation, Not His Comp Claim Ohio Employee’s Termination Linked to Safety Violation, Not His Comp 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
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
Sep 23, 2014

Ohio Court Clarifies Elements of Retaliatory Discharge Action Against Former Employer

In Onderko v. Sierra Lobo, Inc., 2014 Ohio App. LEXIS 4015 (Sept. 19, 2014), an Ohio appellate court recently held that in order to state a claim for retaliatory discharge,...

Ohio Court Clarifies Elements of Retaliatory Discharge Action Against Former Employer Ohio Court Clarifies Elements of Retaliatory Discharge Action Against Former Employer
Apr 13, 2012

Ohio: Employer’s Failure to Call Employee Back to Work Was Due to Poor Economy, Not Retaliatory Motive for the Filing of a Comp Claim

An Ohio appellate court, in Lebron v. A&A Safety, Inc., 2012 Ohio 1637, 2012 Ohio App. LEXIS 1435 (Apr. 12, 2012), recently affirmed a trial court’s summary judgment order favoring...

Ohio: Employer’s Failure to Call Employee Back to Work Was Due to Poor Economy, Not Retaliatory Motive for the Filing of a Comp Claim Ohio: Employer’s Failure to Call Employee Back to Work Was Due to Poor Economy, Not Retaliatory Motive for the Filing of a Comp Claim