“Lopez responds that she suffered the following adverse employment actions as a result of her complaints: (1) she became the subject of actual sabotage in the workplace; (2) she was given a machine that usually had two operators, but she was supposed to operate it alone; (3) the men in the workplace were threatened not
FMLA violations
An employee being seven months into her pregnancy, coupled with her supervisor’s awareness of her pregnancy and consequent FMLA leave request, is enough to raise a genuine dispute of material fact whether she was terminated because of the leave request.
By Austin Campbell on
Posted in FMLA violations, Leave
“The Defendants also claims [sic] that the Plaintiff could not satisfy the third prong of the prima facie case [for FMLA retaliation] and could not establish a causal connection that her pregnancy caused her to get fired. The Defendants contend that there is no indication [Defendant] was aware that the Plaintiff was pregnant or wanted…
There is no requirement that employees of open-enrollment charter schools exhaust administrative remedies pursuant to the Texas Education Code before filing suit for breach of contract.
By Kalandra N. Wheeler on
Posted in FMLA violations, Leave
“[D]espite there being instances, such as in Section 12.1056(d), where an open- enrollment charter school is treated in the same manner as a school district, nothing in the Texas Education Code or the common law dictates that open-enrollment charter schools and school districts are universally equivalent.”
“Section 7.057(a)(2)(B) sets forth the process by which…
Where an investigation revealed that there was overbilling for activities such as arriving late, leaving early, and breaks that were not permitted by the contract between the company and its customer, there is sufficient evidence that the acts occurred.
By Kalandra N. Wheeler on
Posted in FMLA violations, Leave
“[The investigator] testified that a portion of the hours she found Dow to have been overbilled was in the form of employees arriving late, leaving early, and taking breaks. (Id. at pp. 113—15). [The investigator] stated that the contract between Axion and Dow did not permit Axion to bill Dow for its employees’ breaks.…
When Plaintiff actions are consistent with the instruction of her manager, there is a question of fact as to whether the employer’s asserted reason for termination is “false or ‘unworthy of credence’” when the employer alleges those actions as the basis for termination.
By Kalandra N. Wheeler on
Posted in FMLA violations, Leave
“[Plaintiff] testified that [manager] Young instructed her to refuse [the customer’s] attempted return, and that she was disciplined for doing just that. [Plaintiff] explained that [customer] requested her termination, and that [manager] Young responded “don’t you worry sir. I’m fixing to take care of her right now.” And according to [customer], his complaint to co-manager…
Plaintiffs need only allege facts that are within the reasonable scope of their EEOC investigation may later add more detailed facts in a lawsuit so long as they are within the reasonable scope of the investigation.
By Jairo N. Castellanos on
Posted in FMLA violations, Leave
“Plaintiff merely provides additional facts in her complaint that were not in her EEOC charge. In particular, she identifies the individuals mentioned in her charge who were allegedly promoted over her and who received higher wages for the same work. This is not an issue in which the Plaintiff is attempting to assert wholly new…
A Plaintiff need not allege each separate and distinct discriminatory act in an EEOC charge of discrimination in order to exhaust administrative remedies, but instead must only plead sufficient facts to inform the defendant of the possible claims that are intended to be pursued.
By Jairo N. Castellanos on
Posted in FMLA violations, Leave
“Plaintiff states during her employment she was paid less than her male counterparts with equal or less experience. She cites three examples: (1) an unidentified male employee, who worked at the vision center for a month longer than her, told her that he made two dollars more per hour; (2) an unidentified male employee made…
If an employer’s motive behind an adverse employment action is to retaliate against actions it reasonable considered to be protected by the 1st Amendment, it does not matter if the employee actually engaged in the protected activity.
By Jairo N. Castellanos on
Posted in FMLA violations, Leave
“Heffernan’s supervisors demoted Heffernan from detective to patrol officer and assigned him to a “walking post.” In this way they punished Heffernan for what they thought was his “overt involvement” in Spagnola’s campaign.” Heffernan v. City of Paterson, New Jersey, et al., 2016 WL 1627953 *3 (2016). “In a word, it was the employer’s…
: In FLSA Collective Action, potential defenses showing that plaintiffs are not similarly situated are only addressed at the decertification stage, not during the initial conditional certification inquiry.
By Colin W. Walsh on
Posted in FMLA violations, Leave
Defendant contends that even if there was a common illegal policy, the suit cannot proceed as a collective action because Defendant will assert defenses that require individualized analysis for each putative class member (Dkt. #22 at p. 12). Challenges in litigating the suit or a particular need to address each perspective member of the collective…
in FLSA Collective Action, Declarations from Plaintiff and other individuals detailing similar primary job duties and that they did not receive overtime pay is sufficient to conditionally certify class.
By Colin W. Walsh on
Posted in FMLA violations, Leave
Plaintiff offers testimony that he performed the duties of a mortgage loan officer working for Defendant . . . . Plaintiff provides declarations of other individuals who claim the same primary job duty. Further, Plaintiff asserts that the “same pay practice” is Defendant failing to pay loan officers compensation tied to actual hours worked, denying…