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Tag Archives: Employer – Employee

Employer-Employee: Employment Agreements-Forum Selection Clause-Single Transaction

Defendant signed an employment agreement upon his hiring by plaintiff. After defendant left his employment, plaintiff sued, alleging defendant left during a binding guarantee period and failed to repay plaintiff pursuant to the parties’ repayment agreement. Defendant removed the case ...

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Employer-Employee: Age Discrimination-Voir Dire-Punitive Damages

Plaintiff alleged defendants violated the Missouri Human Rights Act by failing to promote her when she was age 55 over younger, less qualified persons, and retaliated against her by prematurely terminating her temporary positions after she filed her discrimination complaint. ...

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Employer-Employee: Discrimination-Retaliation-Timeliness of Claim

Plaintiff appealed the dismissal of her Title VII and §1981 employment-discrimination and retaliation claims, following which the district court declined to exercise supplemental jurisdiction over her state law claims. Where plaintiff failed to file her complaint within 90 days of ...

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Employer-Employee: Verdict Directors-Issues Preserved for Appeal

Respondent formerly worked for Orkin; he was terminated,but was provided a positive letter of recommendation and was deemed eligible to return. Respondent claimed age and disability discrimination but did not initiate suit after receiving a right-to-sue letter. Respondent then applied ...

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Employer-Employee: Discrimination-Unlawful Examination-Failure To Accommodate

Where a plaintiff, who was terminated from her job as a living-skills specialist after she refused to comply with a job requirement that she develop an immunity to rubella, brought claims against a hospital system under the Americans with Disabilities ...

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Employer-Employee: Disability Discrimination-Qualified to Perform Essential Function of Job-ADA Qualified Individual

Plaintiff appealed the district court’s grant of summary judgment to defendant, plaintiff’s employer, dismissing plaintiff’s employment-discrimination action under the Americans with Disabilities Act. Where plaintiff failed to show she was qualified to perform the essential functions of her job, with ...

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Employer-Employee: Disability Benefits-Total vs. Partial Disability-Termination of Benefits

Plaintiff worked for defendant until he underwent gallbladder-removal surgery for cancer and was approved for total disability benefits. After plaintiff underwent an IME, defendant concluded that plaintiff was partially disabled and terminated his benefits when partial disability ran out. The ...

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Employer-Employee: Disability Discrimination-Attendance Policy-Failure to Submit Medical Verification

Plaintiff was diagnosed with an incurable lung disease that required periodic absences to attend medical appointments and deal with condition flare-ups. After plaintiff accumulated multiple unexcused absences, she was placed on “last notice”. After plaintiff called out during a flare-up, ...

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