No Duty to Accommodate Under TDA, Tennessee Court of Appeals Says
In Hilliard v. Dolgencorp (Tenn. Ct. App. 03/26/2019), the Court of Appeals affirmed summary judgment for the employer against Hilliard's claims for disability discrimination under the Tennessee Disability Act (TDA) and workers' compensation claim retaliatory...
Sixth Circuit Affirms Labor Arbitrator’s Award in Subcontracting Case
In Economy Linen & Towel Service, Inc. v. International Brotherhood of Teamsters, No. 18-3369 (6th Cir. March 1, 2019), the company sought to vacate an arbitrator’s award in favor of the union on a subcontracting issue. In 2015, the company had faced a shortfall...
Sixth Circuit Issues Decision Under NLRA, Affirming Board in Retaliation Case
In Airgas v. National Relations Board, 2019 WL 762199 (6th Cir., Feb. 21, 2019), Rottinghouse, a truck driver for Airgas, had filed a grievance with the employer under the collective bargaining agreement. He alleged the written warning he received for failing to...
Court of Appeals Affirms Summary Judgment in TPPA Action
In Weinert v. City of Sevierville, (No. E2018-00479-COA-R3-CV, 1/23/19) the Eastern Section Court of Appeals affirmed summary judgment against Weinert on her claim for retaliatory discharge in violation of the Tennessee Public Protection Act ("TPPA"). Weinert worked...
Tennessee and Sixth Circuit Appellate Update: Fall 2017
This year, I'm beginning a feature on my website which provides a quarterly employment law update of appellate decisions in Tennessee and the Sixth Circuit. As there will be several cases posted in this update each calendar quarter, I've tried to be brief but yet...
Tennessee Appeals Court Addresses Practical Effect of Non-Disparagement Clauses
In Reitz v. City of Mt. Juliet, 2017 WL 3879201 (Tenn. Ct. App., August 31, 2017), the plaintiff Reitz had entered into a settlement agreement in January 2010 that contained a non-disparagement agreement and required the City to provide neutral employment...