What happens when a fired employee sues her former employer for retaliatory discharge when, according to Oklahoma law, she never should have been hired in the first place? An Oklahoma Court of Civil Appeals’ decision recently sorted out that question.
All too often — and it seems to be increasing — I am asked to defend employers against charges or lawsuits alleging “hostile work environment.” Nothing more. Something is missing from these claims — the allegation that the hostility was caused by the plaintiff’s legally protected trait or activity.
In employment law, it’s all about causation. In other words, the question in every case is whether the challenged employment action was actually caused by unlawful bias. A recent case from the U.S. Tenth Circuit Court of Appeals illustrates how the courts go about determining causation.
Talk about brown-nosing your boss. You’d think giving up a kidney to help save your boss’s life would mean rock-solid job security. Apparently, not so much in New York.
Just as the National Football League was handing down its harshest sanctions ever over the New Orleans Saints’ pay-for-play performance system — so dubbed “Bountygate” — former NFL player and TV commentator Warren Sapp used Twitter to rat out Jeremy Shockey, a tight end who played for the Saints from 2008 to 2010, as the [...]