A former sales executive obtained a substantial verdict in May 2014 in a lawsuit against Microsoft, which accused the software company and a consultant of employment discrimination, sexual harassment, retaliation, and defamation. Mercieca v. Rummel, et al, No. D-1-GN-11-001030, third am. pet. (Tex. Dist. Ct., Travis Co., Apr. 12, 2013).…
The New Jersey Employment Law Firm Blog
Workers in Wage-Theft Lawsuit Obtain $21 Million Settlement from Walmart Service Contractor
A group of workers in several warehouses owned by Walmart recently settled a lawsuit against the company that operates the warehouses under a contract with the retailer. The settlement includes $21 million in back pay, interest, and penalties, and that amount will reportedly be the sole responsibility of the contractor.…
City Ordinances Limit Employers’ Ability to Refuse to Hire Applicants Based on Criminal History
As many as one in four Americans has a criminal record that could turn up during a job search. Lack of employment opportunities is a substantial factor in the difficulty people with criminal history face, including an estimated recidivism rate of 70 percent. We, as a society, are nowhere near…
Department of Labor Data Identify Employers with Most Wage Law Violations, Demonstrate Difficulties of Enforcement in “Fissured Workplaces”
Fast food franchises top the list of wage and hour violators for the past thirteen years, according to a CNN analysis of data obtained from the Wage and Hour Division (WHD) of the federal Department of Labor (DOL). CNN identified Subway, McDonald’s, and Dunkin’ Donuts as the franchises with the…
Current and Former NFL Cheerleaders Sue Teams for Wage Violations
Former cheerleaders for the National Football League (NFL) have filed multiple lawsuits in New Jersey, New York, California, Ohio, and Florida for alleged violations of state and federal wage laws. Allegations include unpaid work, misclassification as independent contractors, and minimum wage violations. A report by Amanda Hess in Slate notes…
Wrongful Termination May Expose Employers to Defamation Claims
Federal, state, and local employment statutes prohibit employers from discriminating based on certain protected categories, such as race, sex, or religion. In some situations, an employer may want to fire an employee, but lacks a non-discriminatory basis for doing so. If that employer makes a false statement regarding the employee…
Retail Chain Allegedly Fired Gay Male Employees to Cut Costs, According to Lawsuit
A man’s lawsuit against his former employer alleges that the company created multiple pretexts ito justify firing him, and that the company discriminated against him because he is homosexual. Housh v. Home Depot USA, Inc., et al, No. 30-2013-00678843, complaint (Cal. Super. Ct., Orange Co., Oct. 1, 2013). The plaintiff…
Professor, After Denial of Tenure, Alleges Retaliation for Speaking Out in Support of Students’ Campaign Against Campus Sexual Assault
An anthropology professor at Harvard University, Kimberly Theidon, has filed a complaint with the Massachusetts Commission Against Discrimination (MCAD), alleging that the university unlawfully retaliated against her by denying her tenure. She has been outspoken about several issues affecting the department and the student body, particularly sexual assault and gender…
New York City Teacher’s Petition for Reinstatement Claims Retaliation, Wrongful Termination
A gym teacher at a Bronx school filed a petition in the Supreme Court for New York County challenging her “unsatisfactory” job performance rating and subsequent termination. Gaylardo v. City of New York, et al, No. 14/100400, verif. pet. (N.Y. Sup. Ct., N.Y. Co., Apr. 8, 2014). She alleged that…
Plaintiff in Employment Discrimination Lawsuit Alleges that Employer Fired Him Because of Religion
A former marketing director for a wireless telecommunications company has filed suit against his former employer for religious discrimination. Mindrup v. Goodman Networks, Inc., No. 4:14-cv-00157, complaint (E.D. Tex., Mar. 20, 2014). He alleges that, after working for the company for years, he was terminated one day after he refused…