In a recent opinion of the Fifth Circuit Court of Appeals, the federal appellate court held that a former employee terminated after making internal complaints to his employer about possible securities violations, but who never made complaints to the S.E.C., was not a whistleblower under the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010
U.S. Supreme Court Adopts “But For” Causation Standard for Title VII Retaliation Cases
In a case appealed from the Fifth Circuit Court of Appeals, the U.S. Supreme Court held that a plaintiff in a Title VII retaliation case may prevail only when he shows that he would not have suffered an adverse employment action “but for” his engaging in protected activity.
In the first retaliation case in several years
Fifth Circuit Holds that Volunteer Firefighter is not an “Employee” for Purposes of Title VII
In an issue of first impression in this Fifth Circuit, the Court held that a volunteer firefighter making a Title VII claim of sexual harassment is not an “employee” for purposes of the statute and therefore had no legal claim.
The case arose from a suit filed by a former firefighter for the Livingston Parish
Fifth Circuit Holds That Attorney’s Fees Not Recoverable In Title VII Mixed-Motive Retaliation Case
In a recent case from the Fifth Circuit, the Court held that attorney’s fees are not recoverable for a prevailing plaintiff in a Title VII mixed-motive retaliation case. In Carter v. Luminant Power Serv. Co., the plaintiff employee brought a Title VII discrimination and retaliation claim alleging that he was disciplined for his complaints of
Employment Lawyers Must Document Their Efforts to Recover Attorney’s Fees under Texas Commission on Human Rights Act
Prevailing plaintiffs in employment discrimination, harassment and retaliation cases can recover attorney’s fees their attorney’s incur in prosecuting those claims. In many instances the attorney’s fees sought can exceed the monetary relief the plaintiff obtains and can act as a serious impediment to prompt settlement.
Since most of these cases are done on a contingency
Dodd-Frank Act Effect on Employer Arbitration Programs
The Dodd-Frank Act created a "reward" (bounty) program for whistle blowers that voluntarily provide original information of fraud or unlawful activity in violation of the Sarbanes-Oxley Act, the Foreign Corrupt Practices Act and other securities law violations. The Dodd-Frank Act also provides whistle blowers protection from retaliation and renders pre-dispute arbitration agreements of whistle blower
Texas Law Prohibits Employers from Requiring Employees to Purchase Employer’s Goods
As I was driving home last night, NPR played a clip from the 1947 folk song "16 Tons." Its a catchy tune about 1940’s coal mining. The chorus of the song has the coal miner asking St. Peter to delay his death because he owes his soul to the company store. Employers used to provide "company stores"
Fifth Circuit Sets Two Year Statute of Limitations for False Claims Act Retaliation Cases
The federal False Claims Act (aka Qui Tam statute) provides a cause of action for an employee who is retaliated against for attempting to prevent its employer from making fraudulent claims for payment to the United States. An open issue in the Fifth Circuit (the federal court of appeals covering appeals from Texas, Louisiana and Mississippi)
Should You Ever Hang Up on the Texas Workforce Commission?
In Texas, employees and employers are entitled to a telephone hearing before a hearing officer if either party disagrees with an initial determination issued by the Commission in unemployment benefit and Texas Pay Day Act claims. There are some occasions, however, where an employer may consider foregoing these telephone conferences –even if it means losing the unemployment
What is Employment Practices Liability Insurance and Does My Company Need It?
Employment Practices Liability Insurance, or EPLI, is business insurance an employer can purchase that will provide protection from losses caused by certain employment disputes with current or former employees. EPLI is in addition to commercial general liability or umbrella policies that normally contain exclusions for most employment claims.
EPLI normally covers the employer, its employees and executives for