The Tenth Circuit Court of Appeals—the circuit having jurisdiction over Utah—held on March 19, 2009, in a case entitled Avila v. Jostens, Inc., that a supervisor’s statement to an employee that he “should get out of the country if he couldn’t speak English” at approximately the time the employee was fired was “circumstantial evidence of […]
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 […]
The Tenth Circuit (the federal appeals court having jurisdiction over Utah) decided last week that three employees did not have a retaliation claim when they were unable to establish that the alleged actions taken against them by the Wichita Police Department would not dissuade a reasonable worker from making a charge of discrimination. In the […]
The Worker Adjustment and Retraining Notification Act (WARN) requires certain employers to give 60 days advance notice of a mass lay off to its employees. WARN, however, does not require the notice in certain circumstances. The court having appellate jurisdiction over Utah, the Tenth Circuit, decided earlier this week in Gross v. Hale-Halsell Company, that […]
The Tenth Circuit decided in a case issued on January 12, 2009, that a Utah movie theater may be liable for its supervisor’s sexual assault of a subordinate even when (1) the theater acted reasonably under the circumstances , (2) the supervisor had no history of sexual harassment before the assault, and (3) the theater […]
The federal appellate court having jurisdiction over federal questions arising in Utah, the Tenth Circuit, issued a decision on January 8, 2009, explaining that an employee’s concern over the scope of an investigation was a matter of public concern. The court in Dixon v. Kirkpatrick held that, although an employee had raised an issue of […]
The federal appellate court having jurisdiction over federal questions arising in Utah, the Tenth Circuit, issued a decision on January 6, 2009, delineating the scope of the rights that an employee employed by a governmental entity may have in staying in the same position that he or she has historically had. The case, Potts v. […]
