Discrimination/Retaliation*Starr v. Quiktrip Corporation (10th Cir., March 1, 2018) (affirming judgment in favor of Quiktrip on Starr’s Uniformed Services Employment & Reemployment Rights Act: Starr did not show any reversible error.*Winston v. Ross (10th Cir., February 27, 2018) (affirming summary judgment in favor of the National Weather Service (Ross): Winston did not establish a prima facie discrimination […]
The Tenth Circuit ruled that an arbitrator drew from the essence of the labor contract when he reinstated an employee and imposed a last chance agreement on the employee despite the employee having violated a company rule and then lying about it. In Chevron Mining Inc. v. United Mine Workers of America Local 1307, the […]
In Staub v. Proctor Hospital, an opinion issued today, the United States Supreme Court ruled that an employer can be liable for a violation of the Uniformed Services Employment and Reemployment Rights Act (USERRA) even if the supervisor who ultimately made the decision to discipline an employee was not motivated by anti-military animus. The Court […]
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 […]
In Logdson v. Turbines, Inc., the Tenth Circuit Court of Appeals ruled that a former employee who filed a charge of discrimination with the EEOC that contended she had been discriminated against when she was demoted, was not promoted, and was disciplined did not preserve her claims of discriminatory termination. The court ruled that “it […]
On April 23, 2010, the Utah Supreme Court substantially expanded the rights of employees to bring claims for emotional distress against former employers. In Cabanese v. Thomas, the Court ruled that the date the statute of limitations is triggered is “at the time the last injury occurred or the tortious conduct ceases.” Accordingly, in repeated […]
In a decision issued July 31, 2009, the Utah Supreme Court ruled that in order for an employee to prevail on a defamation claim against his or her former employer, the employee must show that the employer knew the statements were false or acted in reckless disregard of the truth of the statement. The case, […]
In a case decided on Thursday, the Tenth Circuit Court of Appeals—the appellate court having jurisdiction over Utah— upheld the dismissal of a complaint brought by a woman against the Colorado Department of Transportation for sexual harassment and retaliation she claimed occurred while she was working for the agency as an administrative assistant. In the […]
All employers know that one of the most important decisions that they make is who to hire or who to let go. Despite this fact, many employers approach the employee selection process in a haphazard manner. This is very troublesome because the selection process is one of the most fertile areas for employment litigation. Hiring […]
The United States Supreme Court ruled in Crawford v. Metropolitan Government that a local government employee who answered questions posed to her about a human resource employee’s alleged sexual harassment was protected from retaliation even when she did not file her own complaint about his behavior. The questions came during an internal investigation being conducted […]
