Worker’s Compensation ~ Occupational Safety and Disease *Halfacre v. U.S. (10th Cir., June 2, 2021) (affirming dismissal of Halfacre’s Federal Tort Claims Act claim for lack of subject matter jurisdiction: Halfacre sued under the Federal Employee’s Compensation Act (“FECA”), which proscribes judicial review of claims under the Federal Tort Claims Act where, as here, the […]
Contract/Noncompete/Trade Secret/Wrongful Termination Green v. Brennan (U.S., May 23, 2016) (vacating dismissal ofGreen’s constructive discharge claim. The lower court held his complaintuntimely, having been filed 96 days after he had agreed to retire. The TenthCircuit affirmed. The Supreme Court, however, held that the 45-day limitationsperiod did not begin to run until Green actually submitted his […]
Labor Unions M&G Polymers USA, LLC v. Tackett (U.S., January 26, 2015) (vacating the judgment of the Sixth Circuit with instructions to employ “ordinary principles of contract law” to provisions regarding retired employees) Discrimination and Retaliation Meyers v. Eastern Oklahoma County Technology Center (10th Cir., January 28, 2015) (affirming summary judgement in the absence of […]
On September 3, 2014, the Utah Supreme Court heard argument in the case of Ray et al. v. Wal-Mart. The plaintiffs—Ray, Dallin, Holt, Hunter, Poulsen, and Stewart—were Wal-Mart Employees terminated for, of all things, self-defense. As at-will employees, of course, plaintiffs could have been terminated at any time for any reason, or for no reason […]
The following report from Fox News is an interesting story about workplace harassment and bullying.
In Turner v. Lone Peak Public Safety District, the Utah Court of Appeals upheld the rather uncontroversial determination of a local government entity appeals board that an employee’s threat to kill his boss, the police chief, justified his termination. The fact that the employee was under the influence did not excuse the threat nor did […]
In Ramsey Winch Inc. v. Henry, the Tenth Circuit (the federal court having jurisdiction over Utah) ruled last week that a district court had erred when it held that a newly enacted Oklahoma statute making it a criminal offense for employers to prohibit employees from storing firearms in their vehicles on company parking lots was […]
