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Excerpts from posts in the Category of: RETALIATION
Retaliation for engaging in “Protected Activity” is unlawful, such as retaliation for making certain kinds of complaints, whistleblowing, and other things., intorduced in these articles. The law cares about some specific types of retaliation, but not all “retaliation” is unlawful.
- TITLE: On Feb 9, 2010, the MO Supreme Court changed the law of “Public Policy” wrongful termination
On February 9, 2010 the Mo Supreme Court issued three wrongful termination decisions that substantially change the law of public policy discharge in Missouri
These decisions are good in some ways and horrible in other respects
I will be updating my wrongful termination materials soon
NUTSHELL SUMMARY of these cases ——-
In order to have a public policy discharge […]
- TITLE: Appeals Court rules “Exclusive Cause” applies to Public Policy Discharge cases
BOO - Missouri Court of Appeals rules Jan 2009 that the “exclusive cause” standard applies to proving a “public policy discharge” case
The case is Fleshner v. Pepose Vision Institute, where the appeals court reversed an employee’s jury verdict because the trial court did not use the “exclusive cause” standard
(We hope the Missouri Supreme Court […]
- TITLE: Whistleblower protections are part of new Consumer Product Safety law
Whistleblowers: On August 1, 2008, Congress sent President Bush a Consumer Product Safety bill with new whistleblower protections
I will write more about this bill later, H.R. 4040 (passed by both the House and Senate).
The law works kind of similar to the EEOC laws (discrimination laws), but the right to sue is not automatically granted.
The […]
- TITLE: Pro-Employee US Supreme Court cases about retaliation issued on May 27, 2008
US Supreme Court issued two nice Retaliation-related decisions on May 27, 2008
Here’s a quick summary of these two important pro-employee retaliation-related cases, along with links to the cases:
Oh, by the way, Here’s my general article about “retaliation”, to help you appreciate how important that subject is.
In Gomez-Perez v. Potter, the Court decided, once and for […]
- TITLE: US Supreme Court in White case defines “adverse action” for Retaliation claims
We know more about what an “adverse action” consists of now, in Retaliation cases, due to the US Supreme Court’s decision in Burlington Northern v. White (2006)
Here’s a link to the case of Burlington Northern v. White.
For more background about this “adverse action” stuff, see my article called Adverse Employment Action. In effect, you don’t […]
- TITLE: Workers Comp Retaliation Law in Missouri
Missouri Workers Comp Retaliation
Discrimination for exercising a Workers Compensation Right, AND
The problem of “exclusive causal connection” or “exclusive cause”
This article focuses on the special problems associated with Workers Comp Retaliation cases in Missouri. Some of the info in this article originally appeared in my more general Retaliation article, but I thought it best to separate […]
- TITLE: Whistleblowers - Generally
WHISTLEBLOWERS
What whistleblowing is, and some info about protection against retaliation
2/10/2010 —– UPDATE is coming due to new MO Supreme Court Cases — See this quick and dirty summary Margiotti - Pepose - Keveney
Jump to news about Accounting and Air Carrier whistleblowing
(NOTE: See my articles on retaliation and wrongful termination for additional general information about whistleblower-related […]
- TITLE: Wrongful Termination - Generally
Important aspects of the law of Wrongful Termination in Missouri, including info about Retaliation, Discrimination, and Public Policy Discharge. Yes, in an “at-Will” state some terminations are indeed legally wrongful.
- TITLE: Sarbanes-Oxley Title 8, anti-retaliation provision
The anti-retaliation provisions of Title VIII of H.R. 3673, Sarbanes-Oxley Act of 2002, with notes by Tim about the most interesting passages
I highlighted noteworthy text with red bold and then made notes as follows: [TJW - ……. commentary ……. ].
Link to full text (PDF file) of Sarbanes-Oxley Act of 2002
SEC. 806. PROTECTION FOR EMPLOYEES OF […]
- TITLE: RETALIATION - GENERALLY
Retaliation
Being retaliated against for “Protected Activity”, including retaliation for making complaints
2/10/2010 —– UPDATE is coming due to new MO Supreme Court Cases — See this quick and dirty summary Margiotti - Pepose - Keveney
First a quick caution: Most people I talk to who think they have a good “retaliation” lawsuit do not, in my opinion. […]
- TITLE: Safety - OSHA - Retaliation for safety complaints
Safety Issues, OSHA Complaints, Retaliation
Air-carrier safety issues are addressed in my whistleblowers article.
If you believe your workplace is unsafe in some way, the first thing to do might be to call OSHA and talk with a technician about the potential safety problem. You might learn from the technician that OSHA’s requirements are being violated. You […]
- TITLE: Constructive Discharge - Being forced to quit
Constructive Discharge
Being forced to quit a job
Sometimes a resignation is not really voluntary choice. Sometimes we are forced to quit jobs due to mistreatment. Was our resignation really a “firing without good cause” through being “forced to quit”?
UPDATE: On June 14, 2004 the United States Supreme Court issued a landmark decision setting some new standards […]
- TITLE: Adverse Employment Actions
Adverse Employment Action
What Acts might be bad enough to justify a claim for damages?
This article will discuss what it means to say “Adverse Employment Action.”
Depending on the stage of your legal problem, and depending on the requirements of the laws involved, your rights are generally strongest if the employer has taken an “Adverse Employment Action” […]
Tim's Missouri Employment Law is by Attorney Tim Willoughby
Tim is a St. Louis Missouri employment lawyer and a member of the National Employment Lawyers Association (NELA). Visit NELA.org and the Missouri Bar Lawyer Directory.
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