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Nov 3, 2020

Inmate’s retaliation suit can move forward

  An incarcerated South Carolina man who alleges that a prison guard put him in isolation for 110 days in retaliation after he accused her colleague of assaulting him can move ahead with a lawsuit against the guard after the 4th U.S. Circuit Court of Appeals ruled that a trial court had wrongly dismissed the […]

Feb 10, 2018

Labor & Employment – Race and Sex Discrimination Claims – Failure to Promote – Retaliation Claim

Coleman v. Schneider Electric USA, Inc. (Lawyers Weekly No. 002-031-18, 19 pp.) (Henry Herlong Jr., S.J.) 8:15-cv-02466; D.S.C. Holding: Company records said the requisition for a position was cancelled because of an “internal promotion to strategize and reduce base costs.” In fact, someone of the same level took over the position’s responsibilities, at first temporarily, […]

Oct 13, 2017

Labor & Employment – Sexual Harassment Claim – Report & Investigation – Retaliation – No Causation Evidence

Ray v. International Paper Co. (Lawyers Weekly No. 002-160-17, 17 pp.) (Timothy Cain, J.) 7:15-cv-05009; D.S.C. Holding: Although defendant did not raise the issue, the magistrate judge rightly noted that plaintiff’s evidence indicated that her overtime hours were eliminated, not because she was being sexually harassed, but in retaliation for her reporting of such harassment. […]

May 2, 2017

Labor & Employment – Hostile Environment Claim – Rude Comments – Retaliation – Harassment Complaints

Acosta v. Hilton Grand Vacations Co. (Lawyers Weekly No. 002-111-17, 23 pp.) (R. Bryan Harwell, J.) 4:15-cv-00495; D.S.C. Holding: Even though a manager made several rude commends to plaintiff, plaintiff has not shown that his conduct was sufficiently severe or pervasive to alter the conditions of her employment. Moreover, since plaintiff has not shown that […]

Apr 13, 2016

Labor & Employment – Race Discrimination Claim – Retaliation – Adverse Employment Actions – Falsified Mileage – MapQuest

Yon v. Regional Medical Center (Lawyers Weekly No. 002-071-16, 27 pp.) (J. Michelle Childs, J.) 5:14-cv-02098; D.S.C. Holding: Although plaintiff points out that (1) MapQuest’s own copyright information indicates that MapQuest should not be used for the purpose of accuracy and (2) the defendant-employer had no set policy on how to properly calculate mileage when […]

Apr 12, 2016

Tort/Negligence – Labor & Employment – Termination – Retaliation – Misconduct in Office

McLendon v. Horry County Police Department (Lawyers Weekly No. 002-067-16, 19 pp.) (Bruce Howe Hendricks, J.) 4:13-cv-03403; D.S.C. Holding: While on duty as a police officer, plaintiff was arrested for criminal domestic violence and misconduct in office after an incident with his estranged wife. Plaintiff has failed to show that his subsequent termination was tortious […]

Aug 12, 2015

Labor and Employment — Court Nixes ‘Manager Rule’ in Title VII Cases

DeMasters v. Carilion Clinic (Lawyers Weekly No. 001-147-15, 32 pp.) (Krause, J.) No. 13-2278, Aug. 10, 2015; USDC at Roanoke, Va. (Urbanski, J.) 4th Cir. Holding: The 4th Circuit reverses summary judgment for defendant hospital and revives a Title VII retaliation claim filed by an Employee Assistance Program counselor who assisted a fellow employee in […]

May 26, 2015

Labor & Employment — McDonnell Douglas Retaliation Test Unchanged

Foster v. University of Maryland-Eastern Shore (Lawyers Weekly No. 001-092-15, 29 pp.) (Floyd, J.) No. 14-1073, May 21, 2015; USDC at Baltimore, Md. (Grimm, J.) 4th Cir. Holding: The 4th Circuit reverses summary judgment for a university that terminated a campus police officer after she complained about sexual harassment by a male officer; the U.S. […]

Feb 2, 2012

Labor & Employment – FLSA – Retaliation – Protected Activity — Intracompany Complaints – First Impression — Time-Sheet Alterations

Minor v. Bostwick Laboratories Inc. A medical technologist’s complaints within her company about time-sheet alterations that allegedly violated the Fair Labor Standards Act are protected activity, and she may sue under the FLSA’s antiretaliation provision, 29 U.S.C. § 215(a)(3), on a complaint that she was terminated for her intracompany complaints.

Apr 8, 2011

FLSA retaliation ruling could impact other cases

The U.S. Supreme Court's recent ruling that oral complaints about workplace conditions made to a company supervisor are covered by the anti-retaliation provision of the Fair Labor Standards Act has employment lawyers taking notice. The decision in Kasten v. Saint-Gobain Performance Plastics Corp. not only clarifies the protections against retaliation in the FSLA, it could also apply to other statu[...]

Jan 6, 2011

Labor & Employment – FLSA – ‘Employer’ – Overtime Pay – Wrongful Termination – Retaliation

Baxley v. SB Mulch, Inc. Even though defendants claim plaintiff worked for a corporation not named in this lawsuit, plaintiff alleges that he worked for the individual defendants, who own the corporate defendants, that he . . .

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