“[A] repeated pattern of behavior consisting of sexual comments, humiliating jokes, insults, ridicule, and intimidation. Clark claimed she was subjected to continuous repeated sexual jokes and obscene language, most of which were directed at her” and although “it could be argued that most of the acts complained of by Clark were not objectively severe,3 the
A jury could find that the employer’s decision to terminate an employee after the employee’s refusal to write down bible verses on a daily company wide email establishes a failure to accommodate on religious grounds.
By Jairo N. Castellanos on
Posted in FMLA violations
“A reasonable juror could find that Defendant failed to accommodate Plaintiff’s request because Plaintiff was terminated thirty-two (32) hours after his refusal to include Bible quotes in the Morning Coffee[name of daily email].” Mindrup v. Goodman Networks, Inc., No. 4:14-CV-157, 2015 WL 5996362, at *8 (E.D. Tex. Oct. 14, 2015). Based upon this finding,…
Allowing employee to pay reduced rent for housing increases the employee’s regular rate of pay for computing overtime.
By Colin W. Walsh on
Posted in FMLA violations
Thus, in certain situations, an employee’s wages may include “the reasonable cost, as determined by the Administrator, to the employer of furnishing such employee with board, lodging, or other facilities.” 29 U.S.C. § 203(m). However, such reasonable cost of lodging can only be computed when determining the employee’s regular rate of pay, such as when…
A five-year employment contract with a government entity that promises a severance of the remaining wages owed if the contract is terminated by the entity for any reason other than death or disability is enforceable where the employee has performed his obligations under the contract.
By Allison Reppond on
Posted in FMLA violations
“The employment contract does not constitute a gratuitous payment of public funds to Morales. The contract clearly serves a legitimate public purpose—the employment of the District’s general manager. The benefit received in return by the District under the contract is the performance by Morales of the duties of general manager. The ‘severance’ required for early…
Expert testimony that disability caused unusual test results that were basis for termination establishes the causal connection requirement for prima facie disability discrimination case.
By Colin W. Walsh on
Posted in FMLA violations
In view of these expert opinions that Brown’s hearing impairment caused his unusual results, and given the fact that these results undisputedly resulted (one way or the other) in his termination, the Court finds sufficient evidence of a causal nexus between Brown’s disability and termination.
Brown v. Cooper Tire & Rubber Co., No. 1:13-cv-00176-SA-JMV, 2015…
Unless expressly addressed in the arbitration agreement, availability of collective arbitration is determined by arbitrator.
By Colin W. Walsh on
Posted in FMLA violations
While courts determine the validity of arbitration agreements, whether the contract forbids collective arbitration does not fall within the limited circumstances under which “courts assume that the parties intended courts, not arbitrators, to decide a particular arbitration-related matter,” because the question involves contract interpretation regarding the “kind of arbitration proceeding the parties agreed to.
…
Employer is not entitled to summary judgment when it provided an accommodation and subsequently limited or eliminated the accommodation.
By Nicole M. Conger on
Posted in FMLA violations
“Instead of giving [Plaintiff] light duty, [Defendant] provided the grocery department an additional thirty hours to allow [Plaintiff] to schedule employees to help him…. In spite of the additional hours, when sales were slower than anticipated, [Plaintiff] was instructed to cut hours…, resulting in the department being understaffed, leaving [Plaintiff] with no help and forcing…
Temporal proximity of three days between medical leave request and termination in conjunction with evidence that eliminated position could have been extended, specific mention of employee’s extended medical leave in termination recommendation doubt on legitimate reason.
By Colin W. Walsh on
Posted in FMLA violations
“After describing statements in an email exchange about terminating plaintiff and how hard on business a sales’ rep’s extended medical leave can be, the court concludes, ‘These statements, in conjunction with Lentin’s testimony [about how the job did not have to be eliminated] and the plain language of the November 19 confidential letter, suggest that…
Discussing termination with Plaintiff three days after request for FMLA-qualified leave creates causal connection.
By Colin W. Walsh on
Posted in FMLA violations
“[T]he court finds that Plaintiff has demonstrated a causal connection between her request for FMLA-qualified leave and her termination, which was discussed with her a mere three days after her FMLA-qualified leave request.”
Hiltabrand v. Direct Energy, LP, 2013 WL 3480532 at *6 (S.D. Tex. July 10, 2013) (Lake, J.).
The mention of employee’s surgery in an email exchange between supervisors recommending termination one day after employee notifies supervisor of impending surgery creates causal connection in FMLA case.
By Colin W. Walsh on
Posted in FMLA violations
“Plaintiff cites her email dated June 6, 2011, in which Plaintiff informed Coughlin-Rowley that she was scheduled for an eye surgery … Plaintiff also points to Coughlin-Rowley’s email exchange with Atkinson on June 7, 2011, wherein Coughlin-Rowley recommended that Plaintiff’s employment be terminated as of July 1, 2011 [specifically referencing] Plaintiff’s intention to undergo surgery…