To all those who have served our country and their families, happy Veteran’s Day. Not only have veterans contributed to all of us by willingly serving to protect our freedoms and way of life, but they are often excellent employees who are used to dealing with difficult issues calmly and quickly. Thank you for your […]
In Brucks v. DWS, the Utah Court of Appeals agreed with the Department of Workforce Services that an employee, who apparently was attempting to gain some concessions by approaching his field supervisor and saying he did not want to remain employed if he had to work with his immediate supervisor, had quit and was not […]
In Musungayi v. Whirlpool Corporation, the Tenth Circuit Court once again reaffirmed the principle that Title VII of the Civil Rights Act does not create a general civility code. The court agreed with the district court’s decision that the plaintiff had not stated a claim of discrimination despite the fact that some coworkers made stray […]
In Kepas v. eBay, the Tenth Circuit Court of Appeals, with one judge dissenting, affirmed a district court’s decision to compel an employee to arbitrate a dispute. Applying California law, the Court reasoned that, although the arbitration agreement impermissably allowed the arbitration costs to be shifted to Kepas and the agreement was procedurally unconscionable, the defects were […]
In Kosak v. Catholic Health Initiatives, the Tenth Circuit Court of Appeals affirmed judgment against a woman who claimed she was discriminated against because of her age. Despite the woman’s arguments to the contrary, the Tenth Circuit reaffirmed that “an ADEA plaintiff must ordinarily show that her position was filled by a younger person in […]
In Thorpe v. Washington City, the Utah Court of Appeals declared that an employee who failed to file a complaint in a court raising his Utah Protection of Public Employees Act (“Whistleblower Act”) claims within 180 days was barred. The employee attempted to circumvent the requirements of the Whistleblower Act by claiming that a Notice […]
In Gardner v. Sears Holding Corporation, the Tenth Circuit upheld a trial court’s order granting summary judgment against a man who claimed he was discriminated against on the basis of his age and race when his employment was terminated. The court ruled that because “Kmart had established legitimate, non-discriminatory reasons for reprimanding Mr. Gardner by […]
In Logdson v. Turbines, Inc., the Tenth Circuit Court of Appeals ruled that a former employee who filed a charge of discrimination with the EEOC that contended she had been discriminated against when she was demoted, was not promoted, and was disciplined did not preserve her claims of discriminatory termination. The court ruled that “it […]
The Utah Court of Appeals ruled that a laid-off employee could not be denied unemployment benefits even though she rejected an offer to work at her former employer for at least two days with an offer to work more if the work existed. The Court stated in Duong v. DWS that “the decision of the Board disqualifying Duong […]
In Hall v. Interstate Brands Corporation, the Tenth Circuit Court of Appeals—the federal appellate court having jurisdiction over Utah—recently ruled that a district court correctly dismissed an employee’s discrimination claim against his employer when the employee admitted that he had engaged in misconduct and conceded that there was no evidence other than his own personal […]
