Tenth Circuit: Because Police Officer Was Given An Extensive Opportunity to Rebut Claims He Had No Complaint

In Skogen v. Overland Park, the Tenth Circuit ruled that a police officer who had been terminated for off-duty conduct had no complaint for a violation of due process because an extensive investigation was conducted before he was fired. The court also concluded that the police department had a significant interest in preserving the integrity […]

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Utah Court of Appeals: An Employee Who Requested to Rescind Resignation Still Considered to Have Quit Without Good Cause

In Issa v. DWS, the Utah Court of Appeals affirmed the decision of the Workforce Appeals Board which denied unemployment benefits to an employee who attempted to rescind his resignation.  The employee had resigned his employment after he was told he would be suspended for three days while the company investigated a second customer complaint.  […]

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Tenth Circuit: Municipality Not Liable for Employing Badly Trained Forensic Expert

In Bryson v. Oklahoma City, the Tenth Circuit Court of Appeals ruled that Oklahoma City had no liability for its failure to properly supervise and train an expert forensic chemist who had testified in a trial that DNA from the plaintiff was found on a rape victim even though the tests clearly exonerated the plaintiff. […]

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Tenth Circuit: Nurse who Resigned on Advice of Supervisor did not Have claim for Discrimination

In Chaplin v. Park Hospital District, Inc., the Tenth Circuit Court of Appeals ruled that a nurse who resigned her position in reliance upon her supervisor’s statement that she would likely become the new Unit Coordinator could not bring claims for disability discrimination and FMLA violations because the record established that being placed in that […]

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Utah Court of Appeals: If You’re on Vacation, You Can’t Get Unemployment

In Higgs v. DWS, the Utah Court of Appeals affirmed the Department of Workforce Services determination that a man who was on vacation in the U.S. Virgin Islands had fraudulently obtained unemployment benefits for the week of his vacation.  The court rejected the man’s claims that his ignorance of the requirements of the statute should preclude […]

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Tenth Circuit: Excluding Witness Testimony of Other Employees who Made Ageist Remarks Permissible

The Tenth Circuit Court of Appeals ruled in Mendelsohn v. Sprint/United Management Company that the district court did not abuse its discretion when it excluded testimony of witnesses who claimed to hear ageist remarks before a RIF that included the plaintiff.  The court reasoned that because the plaintiff alleged only that her RIF was inconsistent […]

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Work Thanksgiving Parties: Hopefully There is more Thanks and Less “Giving”

Now that we are entering the holiday season, it is important to remember that even though an employer may host an off-site holiday party, there is a potential for employer liability for improper employee activity.  Activities at employer-sponsored Thanksgiving parties have been at the center of at least two reported court cases.  In Jordan v. Alternative Resources Corporation, 458 […]

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