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Tag Archives: Retaliation

Labor & Employment – Civil Rights – Age Discrimination Claim – Retaliation – Timing — Workplace Violence (access required)

Vinesett v. United Parcel Service, Inc. Where the decision to fire plaintiff the first time was made before plaintiff reported a supervisor’s alleged discriminatory comment, plaintiff cannot show that he was fired in retaliation for his protected activity of reporting the comment.

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Labor & Employment – Civil Rights – Sex Discrimination Claim – Poor Performance – Retaliation – Hostile Work Environment (access required)

Williamson v. Carolina Power & Light Co. Defendant documented plaintiff’s poor job performance, and plaintiff’s own opinion is insufficient to show that she was performing her job in a manner that met her employer’s legitimate expectations. Therefore, she cannot show that she was terminated as a result of sex discrimination.

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Labor & Employment – FLSA – Retaliation – Protected Activity — Intracompany Complaints – First Impression — Time-Sheet Alterations (access required)

Minor v. Bostwick Laboratories Inc. A medical technologist’s complaints within her company about time-sheet alterations that allegedly violated the Fair Labor Standards Act are protected activity, and she may sue under the FLSA’s antiretaliation provision, 29 U.S.C. § 215(a)(3), on a complaint that she was terminated for her intracompany complaints.

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Labor & Employment – Civil Rights – Race Discrimination Claim – Failure to Promote – Retaliation (access required)

Holmes v. J.C. Penney Corp. Even though defendant twice chose candidates of another race rather than promoting plaintiff, plaintiff does not allege the successful candidates’ qualifications and how his own qualifications compare, nor does he allege that his performance was criticized in ethnically degrading terms or that defendant made any invidious comments about plaintiff or others within his protected group. The complaint does not give rise to a plausible inference of unlawful racial discrimination.

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Labor & Employment – FMLA – Retaliation – Termination — Insubordination (access required)

Norman v. Beasley Mezzanine Holdings, LLC Although defendants contend plaintiff was fired after taking a day of FMLA leave because of her declining performance, persistent tardiness, and insubordination, plaintiff points out that she had just received a laudatory performance evaluation, she had already exceeded her April sales goal when she was fired on April 12, and her insubordinate act - requesting a tape recorder or an attorney during a meeting - was in keeping with the Family Medical Leave Act’s requirement that disputes between employers and employees over qualifying FMLA leave should be documented.

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