Tag: retaliation

U.S. Supreme Court Sides with SOX Whistleblower in Murray v. UBS Securities

On February 8, 2024, the U.S. Supreme Court unanimously decided that an employee who blows the whistle under the Sarbanes-Oxley Act of 2002 (SOX) does not need to show that their employer had retaliatory intent to find protection under SOX. In siding with the whistleblower, Trevor Murray, the Court rejected UBS Securities, LLC’s position that […]

Retaliation: The Most Successful Discrimination Claim

A retaliation claim can be successful even when the original discrimination claim fails to establish a violation of law. The same laws—federal and typically state laws—that prohibit discrimination based on race, color, sex, religion, national origin, age, disability, or genetic information also prohibit retaliation against individuals who oppose discrimination or participate in an employment discrimination […]

Case Study: TCU Aces FMLA Quiz

The Family Medical Leave Act (FMLA) is riddled with all sorts of employer obligations and therefore with all sorts of potential violations. Recently, TCU gave a seminar on dodging an FMLA interference claim. FMLA Interference? The FMLA forbids employers from retaliating against an employee for seeking FMLA leave. It also (unlike most other employment laws) […]

Whistleblower Retaliation Burdens of Proof: Murray v. UBS Securities

On May 1, the Supreme Court granted certiorari in Murray v. UBS Securities. Murray is a whistleblower retaliation case brought under the Sarbanes Oxley Act (SOX).  Plaintiff Trevor Murray alleges he was terminated in retaliation for raising concerns to his supervisor about his employer (UBS) committing fraud on shareholders. The jury delivered a $1 million […]

True or False: Opposing Discrimination Gives Green Light for Employee Misconduct

Here’s an urban myth: An employee who opposes potential employer discrimination must be treated with kid gloves after complaining. The U.S. 5th Circuit Court of Appeals (whose rulings cover Texas employers) recently stated that this proposition is, indeed, a myth. Oppose, Oppose, Oppose Emilio Lira worked as a financial advisor for Edward Jones. Between November […]

Case Study: Postal Worker’s Retaliation Claim Comes Up Short

It’s not uncommon for employees who allege discrimination to drop the claim later and focus solely on a retaliation claim against their employer. Courts often dismiss discrimination claims as baseless, only to find the employer retaliated against the employee who made the allegations. Although employers aren’t required to suspend previously planned acts (e.g., investigations or […]

New Year’s Resolutions Every Employer Should Make

As the new calendar year begins, many organizations are wisely asking, “What can we do to protect our business assets from an employment law perspective?” This is a great question, and the beginning of the year is the perfect time to take stock of existing policies and their effectiveness, review recent changes to applicable laws, […]

How Changes to the ‘Family Glitch’ Affect Workplace Health Plans

Effective in 2023, a new set of rules will change eligibility requirements for the premium tax credit (PTC) created under the Affordable Care Act (ACA). Implemented by the IRS, these new cafeteria plan rules and regulations will now make it easier for an employee’s family members to enroll in subsidized health insurance through an exchange.

Pause and Think Before You Terminate Employees

While the unemployment rate continues to remain low, given the current potential for a recession or sustained economic downturn, more employers are firing employees. Some employers are also seeing more discrimination claims following terminations.

Case Study: Dish Network Disconnects on Arbitration Agreement

You would think drafting an arbitration agreement should be simple enough. After all, arbitrating employment discrimination claims was court-approved several decades ago. But issues still persist, as we see in this very recent case from the El Paso Court of Appeals.