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Tag Archives: Labor & Employment

Labor & Employment – Tort/Negligence – Fraud – Breach of Contract – Job Interview Representations – Unjustifiable Reliance (access required)

Finney v. Lincare, Inc. Plaintiff has failed to show that false statements were made to her during her job interviews; in any event, since plaintiff was given documents setting out the true terms of her employment contract, her reliance on the interview statements was not justified. The defendant-employer’s motion for summary judgment is granted.

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Labor & Employment – Collective Bargaining Agreement – Civil Practice – Statute of Limitations — Union Jobs – Historically Paired Positions (access required)

Mayhew v. ILA Local 1771 Although plaintiff knew or should have known about the basis for his claims more than six months before he filed this action, the National Labor Relations Act’s six-month statute of limitations was tolled while plaintiff diligently pursued his rights with his union and the National Labor Relations Board. Defendants’ motions to dismiss, based on the statute of limitations, are denied.

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Labor & Employment – ERISA — Civil Practice – Subject Matter Jurisdiction – Remand to Plan Administrator — Collateral Order Doctrine (access required)

Dickens v. Aetna Life Ins. Co. The 4th Circuit dismisses for lack of subject matter jurisdiction a plaintiff’s ERISA suit challenging termination of his long-term disability benefits; the district court order denying both parties’ motions for summary judgment and remanding the case to the plan administrator was not appealable under the collateral order doctrine.

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Tort/Negligence – Defamation – Labor & Employment – Wrongful Termination – Civil Practice – Federal Jurisdiction – Diversity – Supervisors (access required)

Ragin v. Pilgrim’s Pride Corp. of GA Contrary to defendants’ argument, Yost v. City of Charleston (D.S.C. Nov. 24, 2009) does not stand for the proposition that a plaintiff may not sue co-workers for a defamatory statement made in connection with the plaintiff’s termination if the statements were made within the course and scope of their employment.

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Labor & Employment – FLSA – Overtime Claim – Store Manager – Exempt (access required)

Gooden v. Dolgencorp, Inc. (Lawyers Weekly No. 002-068-12, 16 pp.) (David C. Norton, J.) 3:10-cv-01059; D.S.C. Holding: The uncontroverted evidence established that (1) even if he spent 75 percent of his time performing non-managerial duties, he was at all times operating defendant’s store and doing what was in the best interest of the store; (2) he was at all times responsible for the operation of his store, directing his employees, and apportioning tasks, and if he was not managing, there was no one else to do so...

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Labor & Employment – Public Employees – Prisons & Jails – Reduction-in-Force – Creation & Implementation – Recall Right – Teachers’ Pay Schedule (access required)

Bell v. South Carolina Department of Corrections Although the Department of Corrections was not required to consult with the Palmetto Unified School District (which serves correctional facilities) when budget cuts prompted the DOC to develop a reduction-in-force plan, the implementation of the RIF violated the petitioner-teachers’ rights when they were denied the right to be recalled for open positions and when they were paid at correctional officers’ salary rate for performing teachers’ work.

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Labor & Employment – Public Employees – Schools & School Boards – Teaching Contract – Nonrenewal – Constitutional – Due Process (access required)

Young v. Charleston County School District The record does not show that a three-member committee made the required report to the school board before the board accepted the committee’s recommendation not to renew the plaintiff-teacher’s contract. Moreover, the teacher was not given sufficient notice of the board’s meeting, so neither she nor her attorney was present at the meeting. The record does not reflect that the teacher’s due process rights were protected.

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Labor & Employment – Covenant Not to Compete – Sales Rep – Confidential Information – Civil Practice – Preliminary Injunction (access required)

Industrial Packaging Supplies, Inc. v. Martin Plaintiff’s ex-employee – who signed a covenant not to compete and had access to confidential information – is preliminarily enjoined from revealing that confidential information in his new job with plaintiff’s competitor, and he is enjoined from selling competing products to plaintiff’s customers with whom he had contact in his last 12 months of work for plaintiff.

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Bankruptcy – Civil Practice – Standing – Judicial Estoppel — Labor & Employment – Tort/Negligence – Wrongful Firing Claim (access required)

Smith v. Cumulus Broadcasting, LLC Where the plaintiff-debtor’s bankruptcy case was brought under Chapter 13, rather than Chapter 7, plaintiff has standing to pursue a tort claim on behalf of his bankruptcy estate. On reconsideration, plaintiff has standing to bring this claim, and the claim is not barred by judicial estoppel.

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