Court of Appeals for the Fourth Circuit in support of plaintiff DeMasters who was wrongfully terminated in retaliation for using established internal complaint mechanisms to notify Carilion Clinic about the sexual harassment of a co-worker by a supervisor
DeMasters v. Carilion Clinic_NELA Amicus Brief.pdf
DeMasters told Doe, in his opinion, Carilion management and HR had mishandled Doe’s complaint. DeMasters also contacted the HR manager and complained that Doe’s concerns were not being managed properly. Two years later, a Carilion manager informed DeMasters that Doe had filed a Title VII complaint with the Equal Employment Opportunity Commission and was pursuing a civil suit against Carilion. In August 2011, shortly after Doe’s lawsuit was settled, DeMasters was called to a meeting by Carilion managers and questioned about his involvement with Doe’s harassment complaint. He was asked why he did not take the “pro-employer side” concerning Doe’s complaints and told that he had not protected Carilion’s interests, which left it in a compromised position
The District Court for the Eastern District of Pennsylvania dismissed Symczyk's complaint for lack of subject matter jurisdiction after the defendants extended an offer of judgment under Federal Rule of Civil Procedure (Rule) 68, in full satisfaction of her alleged damages, fees, and costs
A judge’s decision about whether a complaint is adequate can make the difference between winning or losing a case...The lower courts had dismissed their lawsuit because they had failed to cite the applicable statute in their complaint. That statute, 42 U
Day filed a whistleblower reprisal complaint with the Office of Special Counsel (OSC), and then filed an Independent Right of Act (IRA) appeal of that complaint with the MSPB
Carolyn Kloeckner, represented before the Supreme Court by the ubiquitous employee advocate Professor Eric Schnapper, brought a complaint before the Merit Systems Protection Board (MSPB) against her former employer, the U.S
The landmark ruling has ensured that under federal law, transgender individuals now have a legal recourse to file formal complaints against employers on the basis of sex discrimination
Davis filed an internal complaint alleging sexual harassment and assault by an individual in her department, who was investigated and eventually resigned
NELA Amicus Brief Fort Bend County TX v Davis.pdf
The JSVA clarifies that servicemembers and veterans cannot be forced to arbitrate USERRA disputes unless “all parties consent to arbitration after a complaint on the specific claim has been filed in court or with the Merit Systems Protection Board and all parties knowingly and voluntarily consent to have that particular claim subjected to arbitration.”
Their responsibilities included greeting customers, recording their complaints, drafting service estimates, and suggesting work to be performed
Further, the Defendants’ standard is fundamentally inconsistent with the accepted function of the complaint in our system of notice pleading, and amounts to “a probability requirement,” which was rejected explicitly by the U.S
Whitley v BP_5th Cir_AARP NELA Amicus_Final_102815.pdf
After the plaintiffs filed whistleblower complaints with the Department of Labor and then brought suit in federal court, the defendant sought to dismiss their claims on the grounds that employees of contractors or subcontractors are not protected by Section 1514a of the Sarbanes-Oxley Act (SOX)
The district court also erroneously considered Summers’ alleged impairments largely in terms of their limitation of Summers in the major life activity of “working,” rather than “walking,” which was the focus of Summers’ Complaint, and the focus of his briefing and oral argument opposing the motion to dismiss
This case concerns the timeliness of an EEO complaint alleging constructive discharge under Title VII
14-613 tsac NELA.pdf
NELA's Legislative Report. In This Issue: New Year, Same Old Politics Franken Amendment Extended For 2012 Richard Renner, Former NELA Board Member, Submits Comments To DOL On Proposed Rules Under Dodd-Frank Act President Obama Makes Recess Appointments To Key...
OTH_01_2012.pdf
Additional changes, meanwhile, may be beneficial to plaintiffs, such as allowing the service of discovery requests before the Rule 26(f) conference, requiring an informal conference with the court before discovery motions are filed, and reducing the amount of time after service of the complaint before a Rule 16 conference can occur
The district court held that the time was not compensable under the FLSA because it was not integral to the performance of the employees’ principal duties and dismissed the complaint. The U.S. Court of Appeals for the Ninth Circuit reversed, finding the post-shift activities sufficiently indispensable because they were necessary to the principal work performed and for the benefit of the employer