Posts tagged Retaliation.

The sexual harassment case of Alexandra Marchuk v. Faruqi & Faruqi went to the jury late yesterday afternoon. For previous coverage of the trial, go here, here, here, here, here, and here.

In closing arguments, the attorney for the defendants called Ms. Marchuk a "wolf" and said she had made up her allegations to get money. Among other things, he noted that her gynecologist, who she saw ...

As expected, Law360 reports this morning that Plaintiff Alexandra Marchuk has asked Judge Alvin Hellerstein to reconsider his ruling that Nadeem Faruqi and Lubna Faruqi, co-founders of the New York law firm Faruqi & Faruqi, be dismissed from her lawsuit as individual defendants. She also requested reconsideration of the court's decision granting judgment to the defendants on her ...

The defense completed its case yesterday at the trial of Alexandra Marchuk's sexual harassment claims against the New York City law firm of Faruqi & Faruqi and partner Juan Monteverde. Prior coverage of the trial is available here, here, here, and here.

Yesterday, Mr. Monteverde testified more about the blood-stained carpet, saying he had not noticed the stains until Ms. Marchuk told ...

Guess what? You know those SEC disclosures about pending litigation that publicly held companies are required by law to make? Well, if an employer says too much, it may be "retaliating" against the litigants.


I am not making this up. International Monetary Systems, Ltd., is facing a jury trial on a retaliation claim made by a former employee. The company is going to trial because it listed ...

You're an employer who tries to do the right thing. But what hidden traps are out there, waiting to grab your ankle and yank you into a lawsuit? Here are a few that cause trouble for even the best employers:

Trap No. 5: Capturing all time worked for your non-exempt employees. We get so accustomed to exempt employees who answer emails at all hours and handle business while driving to and from ...

Last week, the Equal Employment Opportunity Commission filed suit against Wisconsin-based Orion Energy Systems, Inc., over its wellness program and its treatment of ex-employee Wendy Schobert, who was not a fan of the program. The lawsuit contends that the program's health risk assessment is an unlawful "medical examination" and that the company retaliated against Ms. Schobert ...

David Smith of Constangy’s OSHA practice group is co-author of this post.

The federal Occupational Safety and Health Administration and the Federal Motor Carrier Safety Administration are tag-teaming transportation employers. They’ve signed a Memorandum of Understanding in which they agree to share information about allegations of safety, coercion, and retaliation.

And ...

You can't fix stupid.

https://www.youtube.com/watch?v=CosD7h2703o

Homo sapiens is fired for teaching about homophones (and his sister is a known thespian rumored to have dramaturgical aspirations). A teacher at a private language school in Utah says that he was fired by the director for posting about homophones on an educational blog, which the director allegedly believed was ...

A reader, who has asked to remain anonymous, suggested that I write about employees who make "stupid" complaints about discrimination, harassment, or other allegedly unlawful treatment.

The following is a fictionalized email, but it accurately presents the spirit of her concern.

Dear Robin,

I am a Human Resources director for a government employer. You won't believe this, but I ...

An article by Lauren Weber and Rachel Feintzeig in Tuesday's Wall Street Journal caught a lot of attention -- it was about companies that have made the decision to do without a Human Resources function.

The idea drew some positive response on Twitter:

Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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