In Higgs v. DWS, the Utah Court of Appeals affirmed the Department of Workforce Services determination that a man who was on vacation in the U.S. Virgin Islands had fraudulently obtained unemployment benefits for the week of his vacation. The court rejected the man’s claims that his ignorance of the requirements of the statute should preclude […]
The Tenth Circuit Court of Appeals ruled in Mendelsohn v. Sprint/United Management Company that the district court did not abuse its discretion when it excluded testimony of witnesses who claimed to hear ageist remarks before a RIF that included the plaintiff. The court reasoned that because the plaintiff alleged only that her RIF was inconsistent […]
Now that we are entering the holiday season, it is important to remember that even though an employer may host an off-site holiday party, there is a potential for employer liability for improper employee activity. Activities at employer-sponsored Thanksgiving parties have been at the center of at least two reported court cases. In Jordan v. Alternative Resources Corporation, 458 […]
To all those who have served our country and their families, happy Veteran’s Day. Not only have veterans contributed to all of us by willingly serving to protect our freedoms and way of life, but they are often excellent employees who are used to dealing with difficult issues calmly and quickly. Thank you for your […]
In Brucks v. DWS, the Utah Court of Appeals agreed with the Department of Workforce Services that an employee, who apparently was attempting to gain some concessions by approaching his field supervisor and saying he did not want to remain employed if he had to work with his immediate supervisor, had quit and was not […]
In Musungayi v. Whirlpool Corporation, the Tenth Circuit Court once again reaffirmed the principle that Title VII of the Civil Rights Act does not create a general civility code. The court agreed with the district court’s decision that the plaintiff had not stated a claim of discrimination despite the fact that some coworkers made stray […]
In Kepas v. eBay, the Tenth Circuit Court of Appeals, with one judge dissenting, affirmed a district court’s decision to compel an employee to arbitrate a dispute. Applying California law, the Court reasoned that, although the arbitration agreement impermissably allowed the arbitration costs to be shifted to Kepas and the agreement was procedurally unconscionable, the defects were […]
In Kosak v. Catholic Health Initiatives, the Tenth Circuit Court of Appeals affirmed judgment against a woman who claimed she was discriminated against because of her age. Despite the woman’s arguments to the contrary, the Tenth Circuit reaffirmed that “an ADEA plaintiff must ordinarily show that her position was filled by a younger person in […]
In Thorpe v. Washington City, the Utah Court of Appeals declared that an employee who failed to file a complaint in a court raising his Utah Protection of Public Employees Act (“Whistleblower Act”) claims within 180 days was barred. The employee attempted to circumvent the requirements of the Whistleblower Act by claiming that a Notice […]
In Gardner v. Sears Holding Corporation, the Tenth Circuit upheld a trial court’s order granting summary judgment against a man who claimed he was discriminated against on the basis of his age and race when his employment was terminated. The court ruled that because “Kmart had established legitimate, non-discriminatory reasons for reprimanding Mr. Gardner by […]
