Recent decisions by the U.S. Supreme Court and the United States Court of Appeals for the Third Circuit have made it easier for employees to bring a retaliation claim against an employer in Pennsylvania and New Jersey. Today’s employment law blog discusses a recent retaliation case, Duplan v. City of New York, decided by New York’s federal appellate court on April 30, 2018. However, by taking a stand, whistleblowers put themselves at of risk of retaliation by employers. Recently, the U.S. 8th Circuit Court of Appeals—which covers Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota—rendered a decision providing guidance on discrimination, harassment, and retaliation. In another recent California case, Kourtney Liggins sued the Archdiocese of Los Angeles for wrongful termination related to her pregnancy. You can read more about some recent EEOC cases involving teen workers by following any of the links below. Supreme Court Tightens Standard In Retaliation Cases As the U.S. Supreme Court ended its most recent term with a number of cases that will have broad societal implications, one employment law case decided by the Court seems to have taken somewhat of a back seat, despite the significant effect it will have on retaliation claims arising out of workplace discrimination complaints. The cases were consolidated for plea and sentencing in Puerto Rico. In a case where an employee suspects employer retaliation, communication with the supervisor or human resources administration about reasons for negative acts places those insights on record. Below are the facts of the case. Retaliation Cases in Georgia. Share this Insight. Proving employer retaliation . Proving the causation (the connection between the first two events) on your own, is the most difficult aspect. The Connecticut Appellate Court recently held that the case of an employee who was terminated after she refused to make unethical phone calls as directed by her boss should not have been thrown out. Won’t somebody please think of the children? On December 5, 2014, Dallal pled guilty to two counts of conspiracy to commit mail and wire fraud. Recent Whistleblower Successes . June 8, 2015 . Because proving causation is difficult professional legal representation should be utilized. Court Makes It Harder for Employees to Prove Retaliation. In this case, the employee was told by her boss to make calls to the company’s competitors seeking information and pretending to be someone else. Retaliation Cases Top Civil Recovery Tool. On March 8, 2018 a jury in Santa Cruz county entered a verdict in favor of Cole Hudson for $2.6 million. Katz, Marshall & Banks is proud to represent employees who speak up about fraud, abuse, or other illegalities at their workplace. Following is a recent EEOC look at the data and reasons for retaliation in the federal workplace. However, in light of recent U.S. Supreme Court rulings addressing retaliation against employees for their involvement in discrimination actions, this conversation is fraught with potential legal liability. In a recent Supreme Court ruling, ... What to do if employee suspects retaliation? White, 548 U.S. 53 (2006), which liberalized the standard for what constitutes retaliation, is making it far easier for employees to pursue retaliation claims. For example, under the new Massachusetts Sick Time Law, scheduled to go into effect on July 1, the law states: Article Continues Below. Retaliation is the most common employment discrimination claim for the third year running – and that’s no surprise, what with the way these three firms acted. The jury verdict in the latter case highlights another feature of the law on retaliation. Two young men report sexual harassment at New Jersey grocery store 19-year-old manager accused of harassing 16-year-old employee at Pennsylvania Mexican restaurant Jury Verdict affirmed on appeal Janice Turner v.Kansas City Public Schools; Confidential Settlement for sexual harassment and retaliation in Kansas; Confidential Settlement for disability discrimination in Kansas; 2015. At the same time, the jury rejected the nurse’s claim of race discrimination. A review of recent jury verdicts and settlements from workplace retaliation cases clearly demonstrate that an employee who files a complaint in good faith (even if it turns out to be unfounded) is protected from retaliation. Posted by Kathy Harrington-Sullivan | Jan 21, 2014 | 0 Comments . The company president reportedly told his managers that no cripple was going to drive any of his trucks again. While, in this case, there was some dispute about whether or not the employee’s injuries were actually work-related, the court said, in effect, it didn’t matter. To win your retaliation case against an employer these need to be proven. To establish a prima facie case of retaliation, “a plaintiff must show that (1) he participated in a protected activity, (2) his employer took an adverse employment action against him, and (3) a causal connection existed between his protected activity and the adverse employment action. Although this case did not clarify the meaning of “adverse,” it did change other parts of the legal landscape for retaliation cases in New York. Recent SEC Whistleblower Awards Highlight Pervasive Retaliation. I said that employers should carefully study our many posts about retaliation! This article offers a look at a few of the most noteworthy whistleblower cases. Facts In December 2013, Amanda Gibson went to work for Con-E-Co, a … Supreme Court Tightens Standard In Retaliation Cases 9.1.13 As the U.S. Supreme Court ended its most recent term with a number of cases that will have broad societal implications, one employment law case decided by the Court seems to have taken somewhat of a back seat, despite the significant effect it will have on retaliation claims arising out of workplace discrimination complaints. Luckily, there is legal recourse available to victims of retaliation, which can even result in multimillion-dollar jury awards. Mr. Hudson worked for 8 years as a truck driver for Beverly Fabrics, Inc., a retailer of fabrics, arts & crafts… » Read More . The Act also makes unlawful adverse action against an employee because he has "participated" in a court or administrative proceeding that investigates or adjudicates a discrimination claim. Recent News and Case Results: 2016. Dep’t of Aging & Disability Servs., 495 S.W.3d 421, 441 (Tex. The company helps ex-convicts who’ve been released from prison transition […] A Suffolk County jury recently awarded a Haitian–American nurse an unprecedented $28.2 million in total damages on her claim of retaliation against Brigham & Women’s Hospital, her former employer. Recent News Santa Cruz and Fresno Attorneys at Peck-Law Win $2,600,000 Verdict in Sexual Harassment, Discrimination and Retaliation Case . In both cases the laws cited do not explicitly authorize legal action in response to an act of retaliation. Have you recently lost your job due to suspicious circumstances—suspicious meaning that you recently complained to HR about a frisky higher-up, or an investigation was recently opened because you engaged in whistleblowing activity, or you demanded higher pay because your male counterpart, of the same … In February 2019, a state appellate court in New Jersey affirmed a $935,000 jury verdict in a retaliation case brought under New Jersey’s state Law Against Discrimination. An employment lawyer who is evaluating your potential case needs to know what losses you have suffered as a result of the retaliation, such as lost wages or benefits. May.04.2018; Workplace Retaliation; The Key Elements of a Workplace Retaliation Claim. If you file a discrimination claim against your employer and are retaliated against for your actions, how do you prove the reason behind the retaliation? Retaliation Cases in Georgia. A recent case involving an allegedly disabled employee who complained about discrimination and then faced termination demonstrates that retaliation claims are not always easy to prove. Donaldson v. Tex. Recently I noted a short but informative article in The Washington Post about the rapid growth of employment retaliation claims — fifth year in a row that it has overtaken all other discrimination claims. Google's recent $310 million settlement includes more than 80 updates or changes to its handling of sexual misconduct, discrimination and retaliation cases, the settlement filing shows. In a recent decision, the Fourth Circuit Court of Appeal vacated a May 2017 ruling by the Department of Labor’s Administrative Review Board, finding that Northrop Grumman Corp. (Northrop) violated provisions in the Sarbanes-Oxley Act (SOX) prohibiting retaliation against whistleblowers. In a retaliation lawsuit, you are almost always suing for an award of money called “damages.” To recover damages, you must be able to show that you suffered an actual loss. When the SEC proposed regulations implementing the Dodd-Frank Act SEC whistleblower reward provisions, many companies and the Chamber of Commerce strenuously urged the SEC to require whistleblowers to report internally prior to making a disclosure to the SEC Office of the Whistleblower. Our Takeaway: Don’t get caught retaliating; read our … Over her career, she had numerous conversations with her supervisor about her concerns of gender discrimination and a glass ceilin Retaliation claims are now the fastest growing type of charge at the EEOC, representing more than 1/4 of all charges in all categories. Fact background . Liggins v. Archdiocese of Los Angeles : Pregnancy And Discrimination. Major Jury Award Against the City of Boston. Marla Pietrowski was a senior case manager for Philadelphia’s The Kintock Group. Looking at some recent laws here in Massachusetts, you can see that retaliation cases have made an impact on how the new laws have been written. A recent trend in employment litigation exacerbates this concern: statistics from the Equal Employment Opportunity Commission show a rise in the number of retaliation claims from just 7,900 in 1991 to 19,691 in 1999. Houston employment lawyer Mark Oberti discusses the new wave of SOX retaliation cases. It is unlawful for an employer to fire a worker in retaliation for exercising their rights under these laws. In this case out of New York, the hearing-impaired employee claimed she requested an accommodation. Tevis Marshall Richmond Author. Retaliation in the Fourth Circuit: Recent Decision Creates New Challenges for Employers. In both cases, Dallal’s co-conspirators then sold the drugs to wholesalers and pharmacies throughout the United States with false pedigree documents that did not disclose the true sources of the drugs. So did a recent case where a truck driver who injured his back was unable to perform his duties when returning to work. Some workplace cases provide multiple lessons about employment discrimination. The first and second keys are known since you reported harassment and were fired. Plaintiff Santa Mallon had worked at Hudson City Savings Bank since 1975. Whistleblowers are the "eyes and ears" of the public and play a vital role in reporting unlawful conduct. 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