“Smoke ‘Em if You Got ‘Em” – Unemployment Benefits Approved
In Pavement Restorations v. Ralls, et al., (Tenn. Ct. App., WS, February 17, 2017) the Tennessee Court of Appeals, Western Section, affirmed the grant of unemployment compensation benefits to the employee who had been discharged for violation of the employer’s...
Second Circuit Reverses FMLA Summary Judgment on Loco Parentis Issue
In Coutard v. Municipal Credit Union, 2017 WL 526060 (2nd Cir. Feb. 9, 2017), Coutard appealed the trial court's dismissal of his complaint that alleged his former employer interfered with and denied his rights under the Family and Medical Leave Act (FMLA) to take...
Correctional Officers Fail to Establish Section 1983 Violation Under Pickering Balancing Test
In Gillis, et al v. Miller, 2017 WL 65563 (6th Cir., January 6, 2017), plaintiffs Gillis and Walraven were correctional officers at the Bay County, Michigan jail. Walraven was a sergeant and Gillis was the President of the local Corrections Officers Union. In early...
11th Circuit Reverses Summary Judgment on Sexual Harassment Claim, Affirms on Retaliation
Under an interesting set of facts, the Eleventh Circuit recently reversed the district court’s grant of summary judgment to the employer on a sexual harassment claim, but affirmed summary judgment on the retaliation component. In Furcron v. Mail Centers Plus, LLC,...
No National Security Exemption Under Rehab Act for TVA Nuclear Security Officer, Says Sixth Circuit
In Hale v. Johnson, 2016 WL 7473785 (6th Cir., December 29, 2016), after the Eastern District of Tennessee overruled the defendant’s motion to dismiss and certified an interlocutory appeal, the Sixth Circuit affirmed the district court’s decision. This case involved...
Ignorance is Bliss in FMLA Retaliation Case, First Circuit Says
In Chase v. United States Postal Service, 2016 WL 7228809 (1st Cir. December 14, 2016), the First Circuit affirmed summary judgment for the defendant in a case alleging retaliation under the FMLA. The facts giving rise to the case arose in July 2010 when the employee...