In Williams v. Solvay Chemicals Inc., the Tenth Circuit Court of Appeals, the federal court having jurisdiction over Utah, ruled that an employee who was terminated for sleeping on the job did not have a claim against his employer even thought he had an employment contract that only allowed for termination for good cause. The court, […]
The Tenth Circuit ruled in an unpublished decision today that a union member did not have a claim against his union for violating the duty of fair representation. In Menges v. ABF Freight System, Inc., the court ruled that, although the union agent representing an employee in a grievance hearing after the employee was terminated may […]
On Tuesday, November 17, 2009, the Tenth Circuit Court of Appeals—the federal appellate court having jurisdiciton over Utah—determined that the correct standard to be assessed on retaliation claims arising under the First Amendment is whether the alleged retaliatory actions are actions that “would deter a reasonable person from exercising his . . . First Amendment […]
In Trujillo v. Huerfano County Board, the Tenth Circuit Court of Appeals—the federal court having jurisdiction over Utah—ruled that two former road supervisors who had publicly supported a Democratic candidate for county commissioner had not been discriminated against when they were disciplined by a new Road Supervisor who had been installed shortly after the Republican […]
The Tenth Circuit Court of Appeals, the federal appellate court having jurisidiction over Utah, affirmed a district court’s vacation of an arbitrator’s award in a union dispute. While acknowledging that “judicial review of arbitral decisions is among the narrowest known to law,” the Court in Air Methods Corporation v. Office and Professionl Employees International Union […]
In Rzepiennik v. Archstone-Smith, Inc., the Tenth Circuit Court of Appeals, the federal circuit having jurisdiction over Utah, considered the question of when a retaliation claim under the Sarbanes-Oxley Act (SOX) is considered timely. The employee in the case contended that his employer had retaliated against him when he reported financial irregularities internally by terminating […]
In Utah Education Association v. Shurtleff, the Tenth Circuit vacated its prior decision and upheld Utah’s Voluntary Contributions Act, which provides that a public employer cannot withhold from its employees’ paychecks any voluntary political contributions, including contributions to unions. The Tenth Circuit initially agreed with the district court that the Act was unconstitutional because it […]
In Creative Consumer Concepts, Inc. v. Kreisler, the Tenth Circuit—the federal court having jurisdiction over Utah—discussed several evidentiary matters arising out of a severance agreement gone bad. Creative Consumer Concepts, Inc., terminated the employment of one of its vice presidents in 2004. In terminating the relationship, the company offered the vice president a severance agreement. […]
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 […]
The Tenth Circuit Court of Appeals—the federal court with jurisdiction over Utah—reaffirmed the longstanding principle that a litigant in a discrimination case does not have a constitutional right to effective assistance of counsel. In Grisby v. Boeing Corporation, the Court stated that the United States Constitution does not guarantee a civil litigant a right to […]
