Unemployment Compensation

Cases — September 27th through October 3rd

admin - October 27, 2015 - Disability, Discrimination, Retaliation, Social Security, Tenth Circuit, Unemployment, Unemployment Compensation, Utah Court of Appeals, Workers Compensation

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 […]

Cases — June 7th through 20th

admin - June 20, 2015 - Americans with Disabilities Act (ADA), Disability, Discrimination, Retaliation, Tenth Circuit, Unemployment Compensation, Workers Compensation

Discrimination and Retaliation Arbogast v. Kansas Department of Labor (10th Cir., June 19, 2015) (court lacked jurisdiction to consider state department of labor’s capacity to be sued, but affirms the department’s nonentitlement to eleventh-amendment immunity) Martinez v. Southwest Cheese Company (10th Cir., June 18, 2015) (affirming exclusion of portions of affidavits and summary judgement in […]

Cases — April 26th through May 2nd

admin - May 9, 2015 - Americans with Disabilities Act (ADA), Disability, Property Interest, Tenth Circuit, Unemployment Compensation, Utah Court of Appeals, Workers Compensation

Workers Compensation Jones v. Colvin (10th Cir., May 1, 2015) (affirming denial of social security, disability benefits, and disabled widows benefits based on weight given to the treating physician’s testimony) Public Employees Hollenbach v. Salt Lake City Civil Service Commission (Utah Ct. App., April 30, 2015) (declining to disturb commission’s approval of 60-hour suspension against […]

Cases — April 19th through 25th

admin - April 25, 2015 - Defamation, Discrimination, Sexual Harassment, Tenth Circuit, Unemployment Compensation, Utah Court of Appeals, Workers Compensation

Defamation Fox-Rivera v. Colorado Department of Public Health (10th Cir., April 23, 2015) (affirming dismissal for plaintiff’s failure to state a claim that his reputation was impugned) Discrimination Chavez-Acosta v. Southwest Cheese Company, LLC (10th Cir., April 20, 2015) (upholding verdict in favor of Southwest Cheese on claims of hostile work environment and sexual harassment) […]

Cases — April 5th through 11th

admin - April 14, 2015 - Tenth Circuit, Unemployment Compensation, Utah Court of Appeals, Workers Compensation

Workers Compensation Pickup v. Colvin (10th Cir., April 6, 2015) (affirming denial of social security benefits because plaintiff’s testimony was contradictory and not credible) Unemployment Preferred Hot Oil, LLC, v. Department of Workforce Services(Utah Ct. App., April 9, 2015) (declining to disturb the DWS Board’s determination that claimant was discharged by Preferred Hot Oil as […]

Cases — March 15th through 21st

admin - March 26, 2015 - Age Discrimination in Employment Act (ADEA), Contractors, Department of Workforce Services, Discrimination, Just Cause, Retaliation, Salary, Tenth Circuit, Unemployment Compensation, Utah Court of Appeals

Discrimination EEOC v. Beverage Distributors Company, LLC (10th Cir., March 16, 2015) (discrimination claim by blind employee; reversing based on district court’s erroneous direct threat instruction) Jones v. McHugh, Secretary of the Army (10th Cir., March 16, 2015) (affirming summary judgement against Jones in the absence of evidence of improper motive) Contract Andersen v. Department […]

Cases — February 1st through 7th

admin - February 5, 2015 - Disability, Just Cause, Retaliation, Tenth Circuit, Unemployment Compensation, Utah Supreme Court

Workers Compensation Provo City v. Utah Labor Commission & Duane Serrano (Utah, February 6, 2015) (affirming respondent’s permanent total disability)Tarpley v. Colvin (10th Cir., February 4, 2015) (affirming denial of disability benefits) Discrimination and Retaliation Bejar v. McDonald (10th Cir., February 3, 2015) (“a mere inconvenience or an alteration of job responsibilities [is not] an […]

Cases — January 18th through 24th

admin - January 29, 2015 - Arbitration, Government Employer, Retaliation, Tenth Circuit, Unemployment Compensation, United States Supreme Court, Utah Court of Appeals

Workers Compensation/Occupational Safety and Disease Carver v. Colvin (10th Cir., January 20, 2015) (affirming denial of supplemental security income) Contract/Noncompete/Trade Secret/Wrongful Termination Velez v. DeBry & Associates (Utah Ct. App., January 23, 2015) (affirming the lower court’s finding that res judicata barred Velez from litigating his claim in district court because he failed to bring […]

Cases — November 23 through December 6

admin - December 6, 2014 - At-Will Employment, Disability, Discrimination, Tenth Circuit, Unemployment Compensation, Utah Court of Appeals, Utah Supreme Court

Contract Tomlinson v. NCR Corporation (Utah, November 25, 2014 ) (reversing Court of Appeals determination that NCR’s corporate management policy manual established an implied-in-fact contract (rebutting Tomlinson’s status as an at-will employee); no implied covenant where no contract exists) Discrimination Melin v. Verizon Business, Inc. (10th Cir., November 25, 2014) (upholding summary judgement in favor […]

Cases for the Week of September 29th

admin - October 7, 2014 - Disability, Tenth Circuit, Training, Unemployment Compensation, Utah Court of Appeals

Dumas v. Colvin, Acting Commissioner (10th Cir., September 29, 2014) (affirming denial of social security benefits). Hansen v. Department of Workforce Services (Utah Ct. App., October 2, 2014) (reversing & remanding denial of benefits based on ineligibility for the training exemption). Lammle v. Ball Aerospace & Technologies Corporation (10th Cir., September 30, 2014) (affirming denial […]