Employee Fired For Discussing Bonus Can Sue For Wrongful Termination

A California appellate court held that employees have the right under the Labor Code to discuss their wages. Accordingly, an employer who fires an employee for participating in a group discussion about the fairness of a bonus can sue for wrongful discharge in violation of public policy. Grant-Burton v. Covenant Care, Inc.

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No Heightened Evidentiary Burden Is Imposed In A Title VII Mixed-Motive Case

A female employee was disciplined more often than her male co-workers, was denied overtime, and was terminated following an altercation with co-worker who was only suspended. The Ninth Circuit ruled that the jury was properly instructed that it could find for the employee if it decided that her sex was a motivating factor for her termination, even if there were other lawful reasons for her termination. Costa v. Desert Palace, Inc., dba Caesars Palace Hotel and Casino

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Arbitration Agreement Is Not Enforceable

An arbitration agreement was found unenforceable by the Ninth Circuit because its fee and discovery provisions and its limitations on what issues could be arbitrated rendered the agreement procedurally and substantively unconscionable. Ferguson v. Countrywide Credit Indus., Inc.

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Nurses Placed By Temporary Agency May Sue Employer Who Used Their Services

A federal court of appeal ruled that a dual employment status is possible that would allow plaintiffs, employed with a temporary employment agency, to bring suit for discrimination under Title VII against both the state (as the employer) and the agency which employer them. Hunt v. Missouri Dep't of Corr.

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Family Leave As An Accommodation Under The ADA

The Tenth Circuit held that a request for a leave within the limitations of the Family and Medical Leave Act ("FMLA") may qualify as a request for a reasonable accommodation under the Americans With Disabilities Act ("ADA"), thus reviving an ADA claim on behalf of an employee with breast cancer who was terminated (and therefore arguably denied a reasonable accommodation) during her FMLA leave. Smith v. Diffee Ford-Lincoln-Mercury, Inc.

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A Job Reassignment 100 Miles Away Is Not An Adverse Job Action.

Under a ruling by the U.S. Sixth Circuit Court of Appeal, a sales representative who was reassigned to work exclusively in an area 80 to 100 miles from her home failed to show that she sustained "an adverse employment action "to support her claims of sex and age discrimination. Policastro v. Northwest Airlines, Inc.

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