Tag: damages

6th Circuit Amends Damages Award in Fired Undocumented Worker Case

An employer can’t be held liable for back pay for a state law retaliation claim during a period when the former employee lacked lawful immigration status to work in the United States, the 6th Circuit (which covers Kentucky and Tennessee employers) recently ruled. The appellate court affirmed, however, the employer could be found liable for […]

Ohio Discrimination Law Changes Take Effect April 15

The Ohio General Assembly recently overhauled its employment discrimination laws and adopted several employer-friendly provisions. Governor Mike DeWine signed the Employment Law Uniformity Act (also known as House Bill 352) on January 12, 2021, and it will become effective on April 15.

harassment

Solo Practitioner’s Assistant Wins Sexual Harassment Suit

An attorney with a solo legal practice got what was coming to him when his legal assistant finally sued him after years of relentless and horrific mistreatment. She was awarded almost $200,000 in damages. You’re unlikely to feel any sympathy for the attorney, but you can try to learn a thing or two from his […]

Fire Department Still Has to Pay $545K in Front-Pay

Sticks and stones may break some bones, but harassment can hurt forever.” So begins the appellate opinion of Judge O. Rogeriee Thompson in Franchina v. City of Providence. In elegant though shocking prose, the judge recounts the trial court’s disturbing findings regarding the harassing conduct the employee in this case was subjected to during her […]

credit report

Fair Credit Reporting Act—Employment Law Basics

The Fair Credit Reporting Act (FCRA) does far more than regulate the exchange of consumer credit information. You need to understand how it applies to employees and applicants in order to ensure compliance. Below is a general summary of your FCRA obligations.

vacation

Vacation Pay Lawsuit Takes Excursion to Appellate Court and Back

Winnebago County, Illinois recently attempted to avoid a claim for accrued but unpaid vacation pay under the Illinois Wage Payment and Collection Act (IWPCA) by invoking the 1-year statute of limitations in the Illinois Local Governmental and Governmental Employees Tort Immunity Act. Read on to learn whether the Tort Immunity Act gives a break to […]

New Connecticut law makes wage infractions more dangerous

by John Herrington A new Connecticut law taking effect October 1 requires courts to award double damages plus court costs and attorneys’ fees for most employee wage claims. Under the new law—Public Act 15-86, the “Act Concerning an Employer’s Failure to Pay Wages”—a court must award, as a baseline default, double damages plus court costs […]

Unfixing a fixed-term contract

by Eowynne Noble In a recent good-news decision, the Ontario Superior Court of Justice shed new light on how damages should be awarded if a fixed-term contract is terminated early and the termination provision is unenforceable.