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
No Cause Of Action Against Prospective Employer For FLSA Retaliation
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
Florida Court Of Appeal Reverses $2.5 Million Jury Verdict In Discrimination Lawsuit
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
Tidbits
Some employment law tidbits after the break.
Adverse Verdict In Retaliation Case Is A Grim Reminder For Employers
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In an unpublished opinion, the U.S. Court of Appeals for the Fourth Circuit reaffirmed its position that in order to establish a prima facie case of retaliation under the FMLA,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
U.S. Supreme Court Issues Retaliation Decision
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
Top Ten Issues In Employment Law For HR Professionals In Virginia in 2008: #3
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
Reasonableness Not Required For Participation Retaliation Claim
In Cumbie vs. General Shale Brick, Inc., the Fourth Circuit decided in an unpublished opinion dated December 8, 2008 that the reasonableness standard does not apply to participation protected activity. A copy of the Court’s opinion is here. More after … Continue reading
New Whistleblower Claim In Consumer Protection Act
The Consumer Product Safety Act has been amended to include a whistleblower retaliation provision. The Consumer Product Safety Improvement Act of 2008 was signed into law by President Bush on August 14, 2008.
Supreme Court Recognizes Retaliation Claim Under Section 1981
The U.S. Supreme Court held today in CBOCS West, Inc. v. Humphries that 42 U.S.C. section 1981 provides a remedy for claims of retaliation for complaining about discrimination in connection with the making or enforcement of contracts. Section 1981 itself prohibits … Continue reading
NY Law Firm Files Pre-Emptive Suit Against Rape Claimant
Law.com reports today that a New York law firm has filed a pre-emptive lawsuit against a woman who is making rape allegations against her former boss, a firm partner. The story is here. This story follows several recent posts on this … Continue reading
Fraud Lawsuit Against Former Employee Equals Retaliation
The U.S. Court of Appeals for the Fourth Circuit ruled on January 31, 2008, that the filing of a fraud lawsuit against a former employee constituted actionable retaliation under the Fair Labor Standards Act (“FLSA”). The opinion can be read … Continue reading
Jury Awards $4.4 Million In Sexual Orientation Lawsuit
In perhaps a strange coincidence of timing, a King County, Washington, jury awarded a lesbian $4.4 million in her lawsuit against Goodyear Tire & Rubber Co. for demoting her after she complained of discrimination because of her sexual orientation the … Continue reading
Posted in Discrimination, Jury Verdicts, Retaliation
Tagged Discrimination, Jury Verdict, Retaliation
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