Wilson v. Dollar General Corp. An employee of a chain-store distribution center who filed his disability discrimination claim with the EEOC before he filed his Chapter 13 bankruptcy petition has standing to pursue his discrimination claim, the 4th Circuit says, but the claim has no merit as the employee did not show he could perform the essential functions of his job had he been granted a brief additional leave for treatment of his vision impairment.
Curtis v. Time Warner Entertainment-Advance/Newhouse Partnership Plaintiffs have made the modest factual showing required for conditional class certification under the Fair Labor Standards Act: plaintiffs have made a showing that defendant’s sales representatives were required to work off the clock in order to make sure that defendant’s software correctly credited them with commissions.
Campbell v. International Paper Co. Where plaintiff does not specify a third party to whom defendants allegedly made false statements about plaintiff, plaintiff has not stated a claim for defamation.
Riley v. Southern Care, Inc. Assuming that S.C. Code Ann. § 43-35-25 requires nurses working for hospices to report abuse of vulnerable adults, abuse is to be reported to the Adult Protective Services Program. Plaintiff only alleges that she made internal reports; she does not allege that she even threatened to report the alleged abuse to the Adult Protective Services Program or any other public entity.
A chief warrant officer in the U.S. Coast Guard Reserves, who left his job as a municipal waste manager for periods of active service with the Coast Guard, waited too long to file his suit under the Uniform Services Employment and Reemployment Rights Act of 1994, and the 4th Circuit affirms the district court decision that the suit is barred by the four-year federal “catchall” statute of limitations under 28 U.S.C. § 1658(a).
McNeil v. South Carolina Department of Corrections Plaintiff alleges she was fired as a scapegoat after a prisoner committed suicide and his family sued.
Savani v. Washington Safety Management Solutions, LLC Where defendant’s pension plan defined a $700-per-month early retirement supplement as an “accrued benefit,” defendant’s amendment of the plan to eliminate the $700 supplemental benefit was ineffective as to the plaintiff class.
Trail v. Local 2850 UAW United Defense Workers of America A union member who alleged she was fired in retaliation for reporting to the regional union that she had seen the union local’s president and vice president viewing pornography on a union computer does not have a claim for violation of her free-speech rights under the Labor-Management Reporting and Disclosure Act; the 4th Circuit says the district court ruled too broadly against union members’ speech rights under the Act, but nevertheless affirms dismissal of the claim.
Appellant argued before the district court and again here that she need not allege that she was formally disciplined within the meaning of § 609 in order to state a retaliation claim under the LMRDA. The Supreme Court has indicated there is a freestanding retaliation claim under sections 101 and 102. This makes perfect sense, for Congress did not intend to provide union members an extensive list of free-speech rights only to then permit all sorts of retaliation against them so long as such retaliation fell short of formal discipline. In this respect, therefore, the district court went too far in curtailing the free-speech rights of union members under the Act. The circuits have disagreed as to what precisely constitutes actionable retaliation under §§ 101 and 102. We need not, however, address what qualifies as actionable retaliation because appellant’s complaint falters over the threshold question of whether her allegations fell within the ambit of § 101 in the first place.
Balas v. Huntington Ingalls Industries Inc. A woman terminated for falsifying time records cannot win her Title VII case alleging she was fired in retaliation for complaining about not being allowed to wear ripped jeans, although men could wear ripped jeans; the 4th Circuit also says her supervisor’s thank-you hug for Christmas cookies she gave him was not assault and battery.
Balas v. Huntington Ingalls Industries Inc. A woman terminated for falsifying time records cannot win her Title VII case alleging she was fired in retaliation for complaining about not being allowed to wear ripped jeans, although men could wear ripped jeans; the 4th Circuit also says her supervisor’s thank-you hug for Christmas cookies she gave him was not assault and battery.
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