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Employment

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Vallone v. CNA Financial Corporation
Presumption that benefit plans are not vested, withdrawal of benefits, lifetime benefits.
Toyota Motor Manufacturing, Kentucky, Inc. v. Williams
Qualify as disabled under the ADA, physical impairment, mental impairment, substantially limits a major life activity, Americans with Disabilities Act.
Singer v. Beach Trading Co.
Negligent misrepresentations in references, former employee work history, false or inaccurate information.
Russell v. Board of County Commissioners
Employee handbook forms an implied employment contract, disclimer, implied-in-fact, implied-in-law.
McDonnell Douglas Corp. v. Green
Employers non-discriminatory justifications for actions, Title VII case, unlawful discrimination, pretext.
Kentucky Association of Health Plans, Inc. v. Miller
State statutes, relationship between insurers and health-care providers, ERISA, state laws, employment benefit plan, regulate insurance, banking, and securities.
Howard Delivery Service, Inc. v. Zurich American Insurance Co.
Workers compensation insurance, employee benefit plan, bankruptcy, ERISA, Chapter 11.
Fraser v. Nationwide Mutual Insurance Company
Employer access to emails received or sent at work, Electronic Communications Privacy Act.
Back v. Hastings on Hudson Union Free School District
Gender-stereotyping, establish discrimination on basis of sex.
Administaff v. New York Joint Board
Joint employers, WARN Act violations, ordered a closing or layoff.
Alaska Civil Liberties Union v. State
Legally marry, receipt of benefits on marital status.
Arres v. IMI Cornelius Remcor, Inc.
An employee may not unilaterally disregard an employer directions despite a good faith belief.
Bammert v. Don's Super Valu, Inc.
At-will employees, terminated in retaliation, wrongful discharge action, public policy exception.
Bard v. Bath Iron Works Corp.
Retaliatory discharge, Whistleblowers Protection Act, threaten discriminate against an employee.
Barnhart v. Thomas
Ineligible for benefits, Social Security Act, Social Security Administration.
BP, Inc. v. Alvarez
Compensable time, activity integral and indispensable, Fair Labor Standards Act.
Burlington Northern & Santa Fe Ry. Co. v. White
Unlawful retaliation need not be employment-related or workplace-related, Title VII anti-retaliation provision forbids retaliation, Title VII of Civil Rights Act of 1964.
Campbell v. General Dynamics Government Systems Corporation
Mandatory arbitration policy, judicial forum, alternative dispute resolution, arbitration clause.
Chao v. OSHRC (Erik K. Ho)
National labor market, interstate commerce, business actions, Occupational Safety and Health Act of 1970, Occupational Safety and Health Administration.
Cleary v. American Airlines
Employers follow company procedures before discharging employees, wrongful discharge, implied covenant of good faith and fair dealing.
Curay-Cramer v. Ursuline Academy
Religious employers not exempt from Title VII, anti-retaliation claims, religion clause, Title VII of Civil Rights Act of 1964.
Estee Lauder Cos. v. Shashi Batra
Non-compete agreements enforced by injunction, employee agreement, geographical scope and duration are reasonable.
Garcetti v. Ceballos
Citizen speech, public-employee speech, First Amendment, freedom of speech.
Gardner v. Loomis Armored, Inc.
Terminate, discharge employee, violating company policy, imminent danger.
Greenawalt v. Indiana Department of Corrections
Employer-administered psychological examinations, unconstitutional searches, The Fourth Amendment, highly personal private information, state action.
Guess v. Sharp Manufacturing of America
An injury is compensable under workers compensation only if it arises out of and in the course of employment.
Hansen v. America Online, Inc.
Employers ban guns from premises, infringing employees constitutional rights, right to bear arms.
Jaime v. Director, Department of Emplyment Security
Employment conditions, voluntarily quit, attributable to employer, action or inaction of the employer.
Jespersen v. Harrah's Operating Co., Inc.
Gender-specific employment policies, discrimination.
Lester v. Department of Employment Security
Job offers accepted, refusal must be reasonable.
Lomack v. City of Newark
Diversity policies, racial balance, affirmative action, equal protection, strict scrutiny, suspect classification.
New York State Conference of Blue Cross & Blue Shield Plans v. Travelers Insurance Company
ERISA does not preempt state laws, indirect economic effect on ERISA, Employee Retirement Income Security Act, health-maintenance organization.
Pennsylvania State Police v. Suders
Agency principles, harassment of employees, utilize established procedures in workplace, constructive discharge, hostile-environment sexual harassment, vicarious liability.
Perry v. State
Workers compensation, benefits not paid for injuries caused by knowing rule violations, explicit employment policy, course of employment.
Petty v. University of Delaware
Available for work, qualified, willing, able, and ready to accept employment, no good cause to refuse.
Preston v. Wisconsin Health Fund
Sex discrimination, affirmative action.
Quik'n Tasty Foods, Inc. v. Division of Employment Security
Good cause, attributable to the employer, constructive discharge.
Reed v. The Great Lakes Companies, Inc.
Title VII forbids intentional discrimination on the basis of ones religion, affirmative duty, reasonably accommodate any bona fide religious beliefs.
Sauerland v. Florida Unemployment Appeals Commission
A single act of misconduct involving dishonesty or a critical offense may disqualify a discharged employee from receiving unemployment benefits.
Smith v. City of Jackson
Disparate-impact, Age Discrimination in Employment Act, disparate treatment, age discrimination case.
Solon v. Gary Community School Coporation
Employee benefits plan, unlawful age-based discrimination, Age Discrimination in Employment Act.
Springfield Rare Coin Galleries v. Mileham
Customer information, confidential, restrictive covenant.
Stone Container Corp. v. Castle
Compensable appliance, workers compensation insurance.
Tri-County Youth Programs, Inc. v. Acting Deputy Director of the Division of Employment & Training
Sexual harassment, good cause attributable to the employer to quit, hostile environment.
Varity Corporation v. Howe
Intentional representations, future of plan benefits, act of plan administration giving rise to a fiduciary duty, fiduciary receiver.
Wernsing v. Department of Human Services
Equal Pay Act, equal skill, effort, and responsibility, and which are performed under similar working conditions, disparate impact, disparate treatment.
Williams v. Mohawk Industries., Inc.
Civil RICO claim, pattern of racketeering activity, Racketeer Influenced and Corrupt Organizations Act.
Yanowitz v. L'Oreal USA, Inc.
Protected activity under the California Fair Employment and Housing Act, retaliate against, retaliatory discharge, Whistleblower Act.
Zambrano v. Reinert
States may treat seasonal employees differently for unemployment insurance purposes, Equal Protection, Rational Basis Test.
Job Applicants May Not Recover If Not Harmed
Starbucks Corp. v. Superior Court; A disclaimer in a standard job application advising an applicant that he or she need not complete certain sections as provided by local law must be clear and conspicuous .
Cat's Paw Theory
Staub v. Proctor Hospital; Under the cat's paw theory, discriminatory animus of non-decisionmakers can be imputed to decisionmakers only when the non-decisionmaker has a singular influence over the decisionmaker and uses that influence.
Retaliation Claim Basis Opposition
Crawford v. Metropolitan Government Nashville; Under Title VII, an employee may "oppose" unlawful employment practice as required as a condition precedent to a retaliation claim even though opposition is not expressed as a discrimination claim.
Intentional Discrimination By Employer
Ricci v. DeStefano; Under Title VII, before an employer can engage in intentional discrimination for the asserted purpose of avoiding or remedying an unintentional disparate impact, must have a strong basis to believe disparate-impact liability.
Employers Can Prefer Certain Characteristics
EEOC v. Schneider National, Inc.; An employer is free to decide that some physical and mental characteristics that do not constitute an impairment are more or less preferable and may make individual employees more or less suitable for the job.
Employer Provided Parking Is Reasonable Accomodation
Lyons v. Legal Aid Society; Under the Americans with Disabilities Act and Rehabilitation Act (ADA), employers must accommodate requests that facilitate arrival and departure from workplace if no undue hardship on operation employer's business.
Fair Labor Standards Act
In re Novartis Wage & Hour Litigation; Per the Fair Labor Standards Act (FLSA) overtime-pay exemption, "outside salesmen" facilitate the transfer of title to goods; "administrative employees" exercise discretion and independent judgment.
Common Law Tort Of Intrusion
Hernandez v. Hillsides, Inc.; violation of common law tort of intrusion is intentional intrusion into a place, conversation, or matter plaintiff has a reasonable expectation of privacy, in a manner highly offensive to a reasonable person.
Employers May Monitor Messages Received By Employees On The Job
City of Ontario v. Quon; Even when employee has reasonable expectation of privacy in workplace, government employer does not violate Fourth Amendment when it invades the employee's privacy for a legitimate work-related reason.
Employer's Customer Lists Are Confidential And Proprietary
Lamorte Burns & Co. v. Walters; Specific information provided by employer to employee, in course of employment, and for sole purpose of servicing employer's customers, is legally protectable as confidential proprietary information.
Vacation Time Accrual In Chapter 11 Bankruptcy
In re American Housing Foundation, Debtor; After an employer's bankruptcy case commences, an employer is only obligated to pay for unused vacation time if the right to payment is specifically expressed in its employment contract with the employee.
Pre-Petition Retiree Benefits In Chapter 11
In re A.C.E. Elevator Co., Inc.; Benefits accruing for services rendered prior to the bankruptcy petition ordinarily relate back to the date of the services but "retiree benefits" under the Bankruptcy Code have a priority claim.
Defined Contribution Plan Individual Remedies
LaRue v. DeWolff, Boberg & Associates, Inc.; Although no remedy is available for individual injuries in defined contribution plan, individuals may recover for fiduciary breaches that impair the value of plan assets in the participant's individual account.
Notice Period For Mass Layoffs
Gross v. Hale-Halsell Co. An employer may order a plant closing or mass layoff before the conclusion of the statutory sixty-day notice period if the closing or mass layoff is caused by business circumstances that were not reasonably foreseeable.
Impermissable Employer Questions Under the ADA
Harrison v. Benchmark Electronics Huntsville, Inc. Under the Americans Disabilities Act an employer may not conduct pre-offer medical examination or make inquiries of job applicant whether applicant.
Previous Employer Duty to Disclose Negative Information
Kadlec Medical Center v. Lakeview Anesthesia Associates. A person has a duty to avoid affirmative misrepresentations in referral letters and a duty to disclose omitted information if a fiduciary or confidential relationship exists or a pecuniary interest.
Fiduciary Duty to Employer
Rash v. J.V. Intermediate, Ltd.; unless otherwise agreed, an agent is subject to a duty to his principal to act solely for the benefit of the principal in all matters connected with his agency.
Duties of Care and Loyalty
Sandvick v. LaCrosse; a partners and joint venturers both owe a duty of care and loyalty to each other.
Assumption of LLC Liability
Racing Investment Fund 2000, LLC v. Clay Ward Agency, Inc.; assumption of personal liability by a member of an LLC is so antithetical to the purpose of a limited liability company that it must be stated in unequivocal terms.
Shareholder Adoption of Bylaws
CA, Inc. v. AFSCME Employees Pension Plan; bylaws may be unilaterally adopted by shareholders only when they appropriately relate to corporate processes rather than substantive decisions and do not otherwise violate the law.
Exchange Of Debt
Bank of New York Mellon v. Realogy Corporation; the fact that loans under credit agreements are usually funded in cash does not mean that the word "loan" cannot encompass borrowings funded otherwise.