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By Attorney Tim Willoughby
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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.

  1. 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 […]

    Posted in major category:     RETALIATION, MISC, ALERTS - NEWS    
    Related articles in:    , , and


  2. 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 […]

    Posted in major category:     RETALIATION, ALERTS - NEWS    
    Related articles in:    , , and


  3. 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 […]

    Posted in major category:     RETALIATION, ALERTS - NEWS    
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  4. 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 […]

    Posted in major category:     RETALIATION, ALERTS - NEWS    
    Related articles in:    , , , and


  5. 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 […]

    Posted in major category:     RETALIATION, ALERTS - NEWS    
    Related articles in:    


  6. 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 […]

    Posted in major category:     RETALIATION    
    Related articles in:    , , and


  7. 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 […]

    Posted in major category:     RETALIATION    
    Related articles in:    , and


  8. 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.

    Posted in major category:     RETALIATION, DISCRIMINATION    
    Related articles in:    , , , and


  9. 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 […]

    Posted in major category:     RETALIATION    
    Related articles in:    


  10. 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. […]

    Posted in major category:     RETALIATION, DISCRIMINATION    
    Related articles in:    , , , , and


  11. 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 […]

    Posted in major category:     RETALIATION    
    Related articles in:    (none)


  12. 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 […]

    Posted in major category:     RETALIATION, TRAPS    
    Related articles in:    , and


  13. 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” […]

    Posted in major category:     RETALIATION    
    Related articles in:    , and



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.

Tim Willoughby, Attorney
(Licensed in Missouri)
11414 Gravois Rd., Suite 203
St. Louis, MO 63126
ph:    314-729-7750
fax:   314-729-7799

Near I-270 and Gravois (Hwy 30)
... a little bit south of I-44

Google Map of 11414 Gravois Rd, St. Louis MO 63126

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