TOV.WrongfulTermination&Discrimination

Wal-Mart ordered to pay $4.8 million in back wages to employees illegally denied overtime

Last week, the Department of Labor ordered Wal-Mart to pay some 4,500 vision center employees overtime after they were improperly classified as "supervisory" employees not entitled to overtime.  The average employee will receive between $200 and $2,500 dollar in back pay. Wal-Mart was also fined $464,000.00 in civil penalties.

Employee demoted after reporting suspicions about Kwame Kilpatrick can sue under WPA

Ira Lee Todd sued the City of Detroit and its mayor, Kwame Kilpatrick, after he was demoted from his former position in the Violent Crime Task Force.  He alleged that he was demoted for reporting that a Kentucky resident under criminal investigation was bragging about his relationship with the mayor. For whatever reason, the trial judge had originally concluded that Todd's report of the potential criminal ties between the investigation subject and Kilpatrick did not consitute "protected behavior" under the Whistleblower's Protection Act.    The Court of Appeals rejected the Circuit judge's analysis and reinstated the case.

Two small court victories for employees

This week, employees won two relatively small battles in the current "culture war" between employers who will take money anywhere they can snitch it and employees who can be powerless to defend their interests.  On the same day that big shot chef Mario Batali paid $5.5 million dollars to settle a claim by employees of his eight restaurants that he was stealing their tip money on a systematic basis, Wal-Mart approved a $13.5 million dollar settlement in a suit claiming that it was over-charging employees for 401(k) fees.  K-Mart's "fiduciary" Merrill Lynch (now a part of Bank of America) was the Plan Trustee, if you can imagine, and will pay 10 million dollars of the latter settlement. 

It isn't enough that employers no longer substantially contribute to employees' retirement:  now, we have to fight to assure that they don't steal the money that the employees contribute.  In a footnote, apparently Wal-Mart still uses Bank of America to administer the plan.  And by the way, legislators in Florida have introduced a bill to reduce the minimum wage for tipped employees to less than three bucks per hour. 

Doctor's employers found guilty of violation of FMLA and of underpaying him

MichaelM. Jadali, D.O., was employed by Michigan Neurology Associates, P.C., when in close succession he underwent an emergency appendectomy and his wife miscarried a baby.  Under his employment agreement with the 90 percent owner of the firm, Dr. Thomas Giancarlo, Jadali would have earned about $350,000.00 in the third year of his contract, however, the parties could not agree on terms for a subsequent year and Jadali was discharged.  Giancarlo then "adjusted" Jadali's third-year compensation to deduct his pension contribution of more than $10,000.00.  He also denied payment of Jadali's final months' receipts because they were paid to the firm after Jadali was no longer employed  by the firm.  In addition, he charged Jadali a penalty of $11,000.00 for missed productivity while Jadali missed work with the appendectomy and miscarriage.  Jadali filed suit and a jury found in his favor on all of these "deductions," awarding him a significant verdict.  Giancarlo appealed.

Supreme Court says church can fire teacher with theological duties, regardless of claimed disability discrimination

A case arising out of a Lutheran school in Redford, Michigan, has resulted in a new ruling by the U.S. Supreme Court with regard to the parameters of separation of church and state. Cheryl Perich taught at the Hosanna-Tabor Church school.  Her duties included 45 minutes of religion-related instruction per week.  

Perich claimed that the church violated federal law by discriminating against her medical disability, in violation of the Americans with Disabilities Act.  She filed an EEOC claim and followed-up with a lawsuit.  The school then fired her for resorting to the Courts to resolve her complaint.  Lower courts had ruled that the Church could be held accountable for a violation of federal law.  The Church appealed, seeking a ruling that under the "ministerial exception" to state and federal law, it had the unfettered right to fire anyone involved in teaching church doctrine, even if the employee's "ministerial" duties were relatively insignificant.

Employees, consumers and middle class lose ground in Washington, D.C.

In two unrelated developments this week, America's middle class took additional punches from the Republican majority in Congress and on the Supreme Court.  One involved the abusive practices of credit card companies, while the other involved steps to emasculate the Whistleblower Protection Act by the Chamber of Commerce.

Reserve Serviceman's retaliation claim is sent back to be resolved by the jury

Walleon Bobo is an African American combat veteran who worked for UPS from 1987 until he was terminated by the company in 2005. He had risen within the ranks of UPS from an hourly employee to become a supervisor at the employer's Oakhaven facility in Memphis, Tennessee.  Bobo established proofs demonstrating that his supervisors did not like accommodating his annual leave for service in the Reserves, and when he was fired on a record integrity charge, he filed suit against the company.

Discharge claim by medical sales rep is upheld; employer violated public policy

Lynn Morrison sued B. Braun Medical Incorporated, her employer, claiming she was discharged in violation of public policy.  Morrison charged that Braun terminated her because she refused to unlawfully promote non-approved ("off-label") uses for medical products and would not violate anti-kickback law.  The jury found her evidence persuasive and awarded her a verdict, which Braun sought to overturn on appeal.  The Court of Appeals rejected the Defendant's appellate arguments.

Fireman's discipline for speaking out at Village Council meeting is not affirmed

This week the Sixth Circuit reversed an Ohio District Court and sent a fireman's Section 1983 retaliation claim back to the lower court for further fact finding.  The fireman was the leader of the Village's "Rescue/Dive" team and critical of the Village's cost-cutting decision to disband the team.  When two young boys drowned soon afterward, Ron Westmoreland appeared before the Village Council, and with inflammatory rhetoric, argued that the Council's cost-cutting measures were partially responsible for the latest boy's death.

Michigan woman's case addressing "ministerial exception" to discrimination claims is argued before US Supreme Court

This week the US Supreme Court heard arguments on the thorny issue of relgious freedom,  where allegations of illegal discrimination are raised.  A Michigan woman, Cheryl Perich, attempted to sue the Lutheran Church where she was a teacher, alleging disability discrimination and illegal retaliation.  Perich claims that she was fired in retaliation for seeking accommodation for her narcolepsy diagnosis.