The Supreme Court of Rhode Island, with two justices dissenting, reversed a decision of a county Superior Court judge that had granted summary judgment to a former employee who contended...
Divided R.I. High Court Says Workers’ Comp Release Was Sufficiently Broad to Bar Discrimination Claim Against Employer Divided R.I. High Court Says Workers’ Comp Release Was Sufficiently Broad to Bar Discrimination Claim Against EmployerA federal district court, construing Missouri law, dismissed a civil action filed by one employee against another alleging negligent infliction of emotional distress (“NIED”) and intentional infliction of emotional distress...
Federal Court Dismisses Racially-Based IIED Suit Filed Against Co-Employee Federal Court Dismisses Racially-Based IIED Suit Filed Against Co-EmployeeThe Supreme Court of New Jersey, examining the intersection between the state’s Worker’s Compensation Act (WCA) and its Law Against Discrimination (LAD), held that a teacher’s LAD claim alleging that...
Action Filed Under NJ’s Discrimination Law Not Barred by Exclusive Remedy Rule Action Filed Under NJ’s Discrimination Law Not Barred by Exclusive Remedy RuleA federal district court in Illinois, construing that state’s law concerning retaliatory discharge claims, held–in relevant part–that a plaintiff’s factual allegations did not give rise to a claim of retaliatory...
Lack of Proximity Between Injury and Firing Found to be Fatal to Claim of Retaliatory Discharge Lack of Proximity Between Injury and Firing Found to be Fatal to Claim of Retaliatory DischargeNoting initially that the pleadings of a party proceeding pro se must be held to a less stringent standard than formal pleadings drafted by lawyers, a federal district court in...
Law Firm Security Guard's Claim For Injuries Barred by Exclusive Remedy Rule Law Firm Security Guard's Claim For Injuries Barred by Exclusive Remedy RuleIn a split decision, the Supreme Court of Minnesota held that an employee, who sustained a work-related injury and who was receiving workers’ compensation benefits, may proceed against his employer...
Claim Under Minnesota’s Human Rights Act Not Barred by Exclusive Remedy Rule Claim Under Minnesota’s Human Rights Act Not Barred by Exclusive Remedy RuleUnsuccessful Job Applicant Sought to Utilize Statute After Passing Drug Test, But Not Getting Job § 440.102, Fla. Stat., which establishes a drug-free workplace program as part of Florida’s overall...
Florida Comp Act’s Drug-Free Workplace Program Statute Provides no Private Right of Action Florida Comp Act’s Drug-Free Workplace Program Statute Provides no Private Right of ActionAn employer need not accommodate a New Mexico employee’s use of medical marijuana, even when that use is sanctioned under the state’s Compassionate Use Act (“CUA”), held a federal district...
New Mexico Employer Need Not Accommodate Medical Marijuana Use New Mexico Employer Need Not Accommodate Medical Marijuana Use