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Articles Tagged with:
Retaliation
- 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: 2008 Missouri legislature would weaken employee rights in SB 1046 and HB 1858
Missouri Legislature is trying to weaken Employees’ legal rights in 2008
Two bills are being considered which threaten Employees’ rights, SB 1046 and HB 1858
The two bills are designed to make it more difficult for employees to win cases.
SB 1046 would weaken our whistleblower protections. In one part, it would take the “Exclusivity” standard of proof […]
- 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: Sexual Harassment Law - Generally
SEXUAL HARASSMENT
Your protections against sexual harassment, and your remedies, are different depending on whether the employer is big enough to be covered by the Discrimination laws (that means 6 employees under Missouri’s laws and 15 employees under the Federal laws).
Please also see my article called Hostile Work Environment. That article also covers some issues regarding […]
- 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: Discrimination Law in Missouri, Generally
Missouri Employment Discrimination Law
Introduction to the rights of persons who are being discriminated against based on Gender (including Sexual Harassment), Pregnancy, Race (including National Origin), Age, Religion, or Disability, or who are Being Retaliated Against for Making Complaints About Discrimination
See the Outline below for internal links to the various parts of this Article. See the […]
- TITLE: Defamation and Slander
Defamation and Slander
The first thing to know is that when employers say bad things about you to other people or to other employers, be suspicious of their motives because your strongest claim may be something other than “defamation.”
So when you speak to an Employment lawyer about a possible defamation case, the lawyer is thinking […]
- TITLE: Complaints - Make Them Properly and Effectively
Complaints:
Making Proper and Effective Complaintsand Gaining 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
Like a Catch-22, both what you say - and also what you don’t say - may come back to haunt you in court
Your Complaint […]
- 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.
Tim Willoughby, Attorney
(Licensed in Missouri)
10024 Office Center Ave, Suite 200
St. Louis, MO 63128-1381
ph: 314-729-7750
fax: 314-729-7799
Near I-270 and Tesson Ferry Road
... a little bit south of I-44
Google Map of 10024 Office Center Ave, St. Louis MO 63128
[PLEASE NOTE: Be very careful with directions that you might get on-line, with regard to my office, due to a quirk in Google. Google Maps sometimes gives strange results for my building's address, probably because there are multiple streets with similar names. Google sometimes says my building is South of I-270, but it's actually North of I-270. Use MY directions instead. Here are directions to my office, with aerial photos and map..]
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