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Employment Law opinion

Employer-Employee: Age and Race Discrimination-Promissory Estoppel-Striking of Statement of Material Disputed Facts

Plaintiff, a 56-year-old African American male, was injured while performing deliveries for defendant. Plaintiff returned to work on an hours-restriction but was laid off as part of operational cutbacks. Plaintiff alleged he was promised that his job would be available ...

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Employer-Employee: Retaliatory Discharge-Request For Accommodation-Protected Activity

Where a university employer challenged a jury verdict in favor of a medical -research scientist finding the university liable for retaliatory discharge after the scientist was fired following her repeated requests for work restrictions as accommodations for back pain, the ...

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Employer-Employee: Discrimination-Failure to Respond to Summary-Judgment Motion-Extension of Time to Respond

Plaintiff sued defendant, his former employer, for hostile work environment, retaliation, and discrimination based on race, color and age. Plaintiff failed to timely respond to defendant’s summary judgment motion and the district court granted the motion as unopposed. Where plaintiff ...

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Negligence: Motor-Vehicle Accident- Exclusive Remedy of Workers’ Compensation- Dual Employment

Plaintiff was injured when defendant fell asleep at the wheel of their tractor-trailer. Defendant was transporting goods as an independent contractor and mentoring plaintiff for the carrier’s training program. The district court dismissed plaintiff’s claim as barred by the workers’ ...

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Employer-Employee: Disability Discrimination- Corrections Officer- Ability to Perform Essential Job Functions

Plaintiff was a 56-year-old woman employed as a corrections officer. Plaintiff was injured during inmate encounters and required surgery. Plaintiff requested transfer to the DMV to accommodate her permanent injuries, but defendant terminated her employment because she could not resume ...

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Employer-Employee: Unemployment Benefits- Eligibility- Discharge for Misconduct

Defendant appealed the decision reversing the denial of plaintiff’s application for unemployment benefits. Plaintiff was initially found to have committed misconduct in connection with her discharge. On appeal, defendant argued that the facts of plaintiff’s yelling at her supervisor, storming ...

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Employer-Employee: Dismissal from Employment- Neglect of Duty- Sufficiency of Evidence

Plaintiff appealed the judgment affirming the civil service commission’s judgment dismissing defendant from employment with the St. Louis Airport Police Department for neglect of duty when he failed to correct a report he had reunited lost property with its owner ...

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