Unlike the mandatory nature of the state retirement system, state employees need not take advantage of health care insurance benefits, and – also unlike pensions – the level of retirement health care benefits is not dependent upon an employee’s position, ...Read More »
Where the defendant-hospital had not breached the parties’ employment agreement when it demanded that the plaintiff-oncologist follow certain guidelines – rather than exercising his professional judgment, as the contract gave him the right to do – the hospital’s termination ...Read More »
A woman who alleged male employees circulated a rumor that she had a sexual relationship with a higher-ranking manager in order to obtain her position adequately stated a claim for discrimination and a hostile work environment, given the historical stereotypes ...Read More »
Disputed evidence on whether an employee who struggles with mobility could have performed her job without extensive travel, whether the employer lacked a reasonable belief she could engage in such travel and whether she was terminated because of her ...Read More »
Labor & Employment – Law Firm – Voluntary Resignation – Lack of Notice – Right to Post-Termination Compensation
A notice of resignation requirement as a condition precedent to post-termination compensation from an employer could be deemed waived if the employer accepted an employee’s untimely resignation and did not, despite ample opportunity, enforce the notice obligation. We grant in ...Read More »
Because an employer did not abandon its claim that a former employee breached his employment agreement by retaining company property after resignation, the district court erred in dismissing the claim. And because the employer took steps to maintain the secrecy ...Read More »
Labor & Employment – Public Employees – Termination – Insufficient Notice – Personal Misconduct & Job Performance – Social Worker When a social worker engaged in “supportive counseling” after a mother first accused her 12-year-old son of molesting her daughters ...Read More »
Plaintiff, a private medical practice, asserted claims of breach of contract and the duty of loyalty, tortious interference, fraud, and misappropriation of trade name against the defendants, who are plaintiff’s former office manager and nurse practitioner. Plaintiff alleged that defendants ...
Tagged with: Breach of ContractRead More »
Labor & Employment – Public Employees – Personal Misconduct – ‘Current’ – First Impression – Management Knowledge – Administrative
Even though some of petitioner’s misconduct took place a couple of years before her termination, since no one with disciplinary authority knew of the misconduct until a few days before petitioner’s termination, her misconduct was “current” within the meaning of ...
Tagged with: Public EmployeesRead More »