Contract/Noncompete/Trade Secret/Wrongful Termination Hollenbach v. Salt Lake City Corporation (Utah, April 7, 2016) (reversing Civil Service Commission determination that it lacked jurisdiction over Hollenbach’s termination appeal because filing applies upon mail cancellation)Discrimination/Retaliation*Tuffa v. Flight Services & Systems, Inc. (10th Cir., April 5, 2016) (affirming exclusion of EEOC letter as to possible discrimination in the termination […]
Unemployment AppealsFallstrom v. Department of Workforce Service (Utah Ct. App., February 4, 2016) (declining to disturb the board’s determination that Fallstrom was ineligible for unemployment benefits because he quit his job voluntarily, without good cause)
Workers’ Compensation Guzman v. Labor Commission (Utah Ct. App., December 31, 2015) (setting aside Commission appeals Board’s misapplication of Utah Code Annotated section 34A-2-413(1)(c)(ii))
Discrimination/Retaliation *Herndon v. Best Buy Co., Inc. (10th Cir., December 15, 2015) (affirming dismissal of plaintiff’s claim of retaliatory discharge for hiring a former felon) Unemployment Appeals Martin v. Department of Workforce Services (Utah Ct. App., December 17, 2015) (untimely filed appeal dismissed for lack of jurisdiction) Yudin v. Department of Workforce Services (UtahCt. App., […]
WAGES *Evans v. Loveland Automotive Investments, Inc. (10th Cir., December 10, 2015) (adopting the rule that an award of both a state statutory penalty and FLSA liquidated damages does not constitute a double recovery) DISCRIMINATION/RETALIATION *Winters v, Board of County Commissioners of Muskogee County, Oklahoma (10th Cir., December 10, 2015) (reversing summary judgment in the […]
Unemployment AppealsWhite v. Department of Workforce Services (Utah Ct. App., November 19, 2015) (declining to disturb the decision of the Workforce Services Board denying White unemployment benefits)
Discrimination & Retaliation *McElroy v. American Family Insurance (10th Cir., October 30, 2015) (affirming summary judgment in favor of defendant on McElroy’s hostile work environment and retaliation claims) False Claims *Troxler v. Warren Clinic, Inc. (10th Cir.,October 28, 2015) (affirming dismissal of qui tam claim of fraudulent billing under Rule 12(b)(6)) Miscellaneous *Peavy v. Labor Source, LLC (10th Cir., October 27, 2015)(declining […]
Discrimination and Retaliation *Schlecht v. Lockheed Martin Corporation (10th Cir., September 28, 2015) (affirming summary judgment in favor of Lockheed on Schlecht’s disability discrimination claim) Unemployment Gray v. Department of Workforce Services (Utah Ct. App., October1, 2015) (declining to disturb board determination that Gray quit his positionwithout good cause, making him ineligible for unemployment benefits) Workers Compensation/Occupational […]
Contract/Noncompete/Trade Secret/Wrongful Termination Ray v. Wal-Mart Stores (Utah S.Ct., September 17, 2015) (answering question certified by the federal district court in the affirmative: “We conclude that the policy favoring the right of self-defense is a public policy of sufficient clarity and weight to qualify as an exception to the at-will employment doctrine,” limited to situations in […]
Disability Oliver v. Labor Commission (Utah Ct. App.,September 3, 2015) (setting aside commission denial of permanent totaldisability benefits as based upon incorrect legal standards and allowing the ALJ’s order to stand) Discrimination & Retaliation Zisumbo v. Ogden Regional Medical Center (10th Cir.,September 4, 2015) (affirming Zisumbo’s retaliation award as set by the courtbelow) Workers’ Compensation Helf v. Chevron, U.S.A., Inc. (Utah S.Ct.,September 4, […]
