Missouri Lawyers Media » Employment Law opinion

Unemployment Compensation: Notice Of Appeal – Timeliness

Williams v. United Healthcare Services, Inc. (MLW No. 61160/Case No. ED95017 – 2 pages) (Missouri Court of Appeals, Eastern District, Richter, C.J.)

Social Security: Denial Of Benefits – Vocational Expert – Pulmonary Disorder

Jones v. Astrue (MLW No. 61134/Case No. 09-3263 – 23 pages)

Employer – Employee: Hostile Environment – Race Discrimination – Failure To Promote

Colenburg v. STARCON International, Inc. (MLW No. 61132/Case No. 09-2544 – 13 pages)

Employer – Employee: FMLA – Jury Instructions – Notice

Murphy v. FedEx National LTL, Inc. (MLW No. 61150/Case No. 09-3473/3518 – 18 pages)

Employer – Employee: Discrimination – Harassment

Fuller v. Fiber Glass Systems, LP (MLW No. 61158/Case No. 09-2732/3481/3482 – 16 pages) (U.S. Court of Appeals, 8th Circuit, Benton, J.)

Employer – Employee: Discrimination – Disability – Hepatitis C

Kirkeberg v. Canadian Pacific Railway (MLW No. 61140/Case No. 09-1422 – 15 pages)

Employer – Employee: Hostile Environment – Severity – Remedial Action

Watson v. CEVA Logistics U.S., Inc. (Case No. 09-3322 – 17 pages)

Employer – Employee: Hostile Environment – Compensatory Damages – Sufficiency Of Evidence

Sheriff v. Midwest Health Partners, P.C., et al. (Case No. 09-3367 – 18 pages)

Employer – Employee: FMLA – Jury Instructions – Notice

Murphy v. FedEx National LTL, Inc. (Case No. 09-3473/3518 – 18 pages)

Arbitration: FINRA Membership – Employment Contract – Third Party

Bank of America v. UMB Financial Services, Inc., et al. (Case No. 09-3173/3393/3449/10-1041 – 14 pages)

Employer – Employee: Wrongful Termination – FMLA – Notice

Brown v. Kansas City Freightliner Sales, Inc., et al. (MLW No. 61112/Case No. 09-3324 – 6 pages) (U.S. Court of Appeals, 8th Circuit, Beam, J.)

Accounting firm keeps award in non-compete case

An accounting firm, which sued four former employees accused of walking out with 124 clients, may keep a $1,369,921 award, the 8th U.S. Circuit Court of Appeals has held.
The decision fine-tunes what can be considered as adequate consideration for an employee’s promise not to compete under Missouri law.
Mayer Hoffman McCann, a national certified public accounting [...]

Administrative: Nursing Home Abuse – Employee Disqualification List – Expert Testimony

Stone v. Department of Health and Senior Services (MLW No. 61091/Case No. WD71813 – 7 pages) (Missouri Court of Appeals, Western District, Newton, J.)
Where a nurse was placed on the employee disqualification list for 18 months after the Department of Health and Senior Services found that she abused a resident of a long-term care facility [...]

Employer – Employee: Sexual Harassment – Hostile Environment – Unreported Incidents

Cross v. Prairie Meadows Racetrack and Casino, Inc. (MLW No. 61066/Case No. 09-3427 – 14 pages) (U.S. Court of Appeals, 8th Circuit, Wollman, J.)
Where a casino parking valet reported four incidents of alleged sexual harassment, including that a male valet grabbed her ponytail, that he brushed something off the breast of her shirt and that [...]

Employer – Employee: FMLA – Termination – Attendance Policy

Estrada v. Cypress Semiconductor (MLW No. 61049/Case No. 09-3005 – 8 pages) (U.S. Court of Appeals, 8th Circuit, Melloy, J.)
Where evidence showed that an employer would have terminated an employee for repeated violations of its attendance policy even if an absence, which she claimed was covered by the Family Medical Leave Act, was not included [...]

Unemployment Compensation: Notice Of Appeal – Timeliness

Social Security: Denial Of Benefits – Vocational Expert – Pulmonary Disorder

Employer – Employee: Hostile Environment – Race Discrimination – Failure To Promote

Employer – Employee: FMLA – Jury Instructions – Notice

Employer – Employee: Discrimination – Harassment

Employer – Employee: Discrimination – Disability – Hepatitis C

Employer – Employee: Hostile Environment – Severity – Remedial Action

Employer – Employee: Hostile Environment – Compensatory Damages – Sufficiency Of Evidence

Employer – Employee: FMLA – Jury Instructions – Notice

Arbitration: FINRA Membership – Employment Contract – Third Party

Employer – Employee: Wrongful Termination – FMLA – Notice

Accounting firm keeps award in non-compete case

Administrative: Nursing Home Abuse – Employee Disqualification List – Expert Testimony

Employer – Employee: Sexual Harassment – Hostile Environment – Unreported Incidents

Employer – Employee: FMLA – Termination – Attendance Policy

Social Security: Denial Of Benefits – Intellectual Functioning – Severe Impairment

Labor: Collective Bargaining – Fiduciary Duty – ‘Dovetailing’

Negligence: Respondeat Superior – Scope of Employment

ERISA: Residual Disability Benefits – Amount Of Payments – Overtime

Employer-Employee: ADA – Accommodations

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