Contract~Noncompete~Trade Secret~Wrongful Termination Alfaro-Huitron v. Cervantes Agribusiness (10th Cir., December 11, 2020) (reversing summary judgment in favor of Cervantes on Plaintiff’s claims for breach of contract and violation of the Migrant and Seasonal Agricultural Worker Protection Act: the evidence suffices for a finding that the hiring contractor was acting as Cervantes’s agent when it […]
Discrimination/RetaliationHansen v. Skywest Airlines (10th Cir., Dec. 21, 2016) (reversing summary judgement against Hansen on his sexual harassment, retaliation, and emotional distress claims, but affirming on his disparate treatment claim)Split Rail Fence Company, Inc. v. United States of America (10th Cir., Dec. 20, 2016) (denying Split Rail’s petition for review of ALJ decision penalizing it […]
Contract/Noncompete/Trade Secret/Wrongful TerminationAcha v. Dept. of Agriculture (10th Cir., November 14, 2016) (vacating MeritSystems Protection Board decision: the MSPB lacked jurisdiction to consider whether Acha had been terminated for disclosure of Federal Acquisition Regulation violation)Discrimination/Retaliation*Palzer v. Cox Oklahoma Telecom, LLC (10th Cir., November 18, 2016) (reversing dismissal of Palzer’s suit for failure of timely service, instead of giving […]
Discrimination/Retaliation*Moore v. Philips Electronics North America Corporation (10th Cir., June 6, 2016) (affirming summary judgement in favor of Philips on Moore’s race discrimination and retaliatory discharge claims since Philips’ reason for the discharge was not pretextual)ERISA and Employee Pension Plans*Jenkins-Dyer v. Exxon Mobil Corporation (10th Cir., June 6, 2016) (affirming summary judgment in favor of […]
Discrimination & Retaliation Rock v. Levinski (10th Cir., June 29, 2015) (affirming Rock’s dismissal because her right to free speech did not overcome Levinski’s concern that those in high-ranking policy positions should “speak publicly with a single voice on policy matters”) Miscellaneous United States v. Kizzy Kalu (10th Cir., June 29, 2015) (affirming conviction and […]
As of July 1st, all employers who employ more than fifteen employees are required to register with a “status verification system,” or an E-Verify system operated by the federal government to verify the federal legal working status of any individual who is a newly hired employee. The requirement is a provision found in Senate Bill […]
The Utah Legislative Session ended earlier this month and the Governor has signed many of the bills that passed. Following is a list of legislation that may have an impact on employers and employees. (For a link to the language of the relevant bill language as passed, click here.) House Bills: House Bill 12, County […]
Beginning April 3, 2009, all Employers are required to use the new I-9 form prepared by the U.S. Citizenship and Immigration Services (USCIS). Although the USCIS had originally intended to mandate the use of the form in February, the effective date was changed to April 3, 2009. After April 3rd, employers using the wrong form […]
As has been discussed in earlier posts, the Utah legislature is considering many bills and resolutions that may have impact on Utah employers and employees. Here are additional bills: House Legislation: House Bill 331, Health Reform – Health Insurance Coverage in State Contracts. This bill proposes to require certain state entities who contract with third […]
