About the author
Eric A. Welter is an employment lawyer and litigator with the Welter Law Firm, P.C. in Herndon, Virginia. He is licensed to practice law in Virginia, Maryland, Washington D.C., Texas and California.
The Welter Law Firm represents and advises employers on all aspects of the employment relationship and represents businesses in commercial and franchise litigation. The firm’s offices are located in Northern Virginia; Los Angeles, California; and Austin, Texas.
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Tag Archives: Retaliation
Our March summary of EEOC verdicts and settlements is after the break.
The EEOC has issued two new publications addressing workplace rights and responsibilities with respect to religious dress and grooming under Title VII of the Civil Rights Act of 1964. The question-and-answer guide and the accompanying fact sheet provide a discussion … Continue reading
Our February summary of EEOC verdicts and settlements can be found after the break.
In a recent memorandum opinion, the Eastern District of Virginia found that plaintiffs raising retaliation claims under the Sarbanes-Oxley Act (“SOX”) are entitled to front pay, provided they present enough data to calculate a reasonably certain front pay award. This … Continue reading
California Governor Jerry Brown signed into law SB 666 and AB 263, which together expand protections for whistleblowers in California by amending California’s general whistleblower statute, Labor Code section 1102.5. These amendments are effective January 1, 2014.
The Texas Fourth Court of Appeals affirmed a jury verdict finding that an employee who was terminated due to a job elimination was unlawfully retaliated against in SAWS v. Nicolas, 04-2012-0442, (Oct. 23, 2013). The interesting fact is that the … Continue reading
In a recent bench trial before the U.S. District Court for the Eastern District of Virginia, an employment plaintiff prevailed on a retaliation claim under Title VII and was awarded $1.2 million by the judge. A copy of the final … Continue reading
On August 12, 2011, the United States Court of Appeals for the Fourth Circuit concluded that a plaintiff has the right to sue only her current or former employer for retaliation under the Fair Labor Standards Act (“FLSA”) — not a … Continue reading
In St. Louis v. Florida International University, plaintiff was awarded $72,241 in lost wages and $2.5 million in compensatory damages on Florida state law racial discrimination and retaliation claims brought against his former employer, Florida International University (FIU). The Florida … Continue reading
U.S. Supreme Court Hold That FLSA Anti-Retaliation Provision Protects Employees Who Make Oral Complaints
In Kasten v. Saint-Gobain Performance Plastics Corp., the United States Supreme Court held, in a 6-2 decision, that the anti-retaliation provision of the Fair Labor Standards Act (“FLSA”) protects employees who make oral, as well as written, complaints regarding FLSA … Continue reading
A recent decision by the U.S. Court of Appeals for the Ninth Circuit affirming a jury’s findings that several discriminatory statements made by supervisors, some of which were reported to a human resources representative, were sufficient evidence that the employee … Continue reading
4th Circuit Reaffirms That Decision Makers Must Be Aware Of Protected Activity To Support Retaliation Claim
In an unpublished opinion, the U.S. Court of Appeals for the Fourth Circuit reaffirmed its position that in order to establish a prima facie case of retaliation under the FMLA, a plaintiff must show that the persons responsible for the adverse employment … Continue reading
On January 26, 2009, the U.S. Supreme Court issued a decision in the case of Crawford v. Metropolitan Government of Nashville. A copy of the opinion is here. The Court unanimously held that Title VII’s antiretaliation provision extends to an … Continue reading
We will be posting over the next week the top ten developments in employment law for HR professionals in Virginia in 2008. The list is in no particular order. Topic number 3 is: Supreme Court Expands Scope of Retaliation: Significantly? More … Continue reading