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9 Dec 2015, 8:51 am
Noting "[R]emoval from office pursuant to Public Officers Law §36 is an extreme remedy reserved for officials engaged in self-dealing, corrupt activities, conflict of interest, moral turpitude, intentional wrongdoing or violation of a public trust," the court said that [1] Isaman admitted that he should have abstained from those votes and [2] his failure to do so "does not constitute the type of conduct that would warrant removal from office. [read post]
13 Mar 2014, 7:12 am
In determining whether work time is de minimis, courts consider: “(1) the practical administrative difficulty of recording the additional time; (2) the aggregate amount of compensable time; and (3) the regularity of the additional work. [read post]
15 Jul 2013, 9:18 am
In addition, the plaintiff alleged that the supervisor disclosed the contents of some of the e-mails to others. [read post]
23 May 2019, 2:00 am
Prescription Pills To establish a civil battery, Blades needed to show (1) Fogleman had the intent to cause harmful or offensive contact with her, (2) the owner actually made unauthorized physical contact with her that was harmful, (3) the employee was injured, and (4) the owner’s action caused the injury. [read post]
17 Mar 2015, 7:19 pm
Ellerth; and (2) expanded the definition of “supervisor. [read post]
25 Jun 2013, 7:21 am
The supervisor learned of the posting, and filed a human rights complaint against Kulczycki alleging unlawful harassment in employment on the basis of race, origin, ancestry, and citizenship (Human Rights Code, Section 5(2)). [read post]
25 Jun 2023, 5:11 pm
McCarson, 467 So.2d 277 (Fla. 1985), held that to prove intentional infliction of emotional distress, the plaintiff must prove (1) the defendant engaged in intentional or reckless conduct; (2) the conduct was “outrageous”; (3) the conduct caused emotional distress; and (4) the emotional distress was severe. [read post]
9 Jan 2013, 3:19 am
In Virginia, defamation requires (1) a publication, (2) an actionable false statement, and (3) negligence or malicious intent (depending on the circumstances). [read post]
3 Nov 2010, 12:21 pm
On November 2, 2010, the NLRB issued a press release reporting that its Hartford, Connecticut, regional office had issued a Complaint alleging that American Medical Response of Connecticut, Inc., (“AMR”) had published an overly broad blogging and Internet posting policy that violated employee Section 7 rights, and then illegally fired an employee for negative posts about a supervisor. [read post]
9 Dec 2019, 2:00 am
Effective January 1, 2020, there will be over 2 dozen new laws going into effect across 10 states and 2 laws that will impact the entire nation. [read post]
21 Dec 2022, 1:14 pm
Accordingly, the Supervisor asserts that production of documents requested in Requests 1(a)–(h), 2(a)–(b), 3(a), and 3(c) would require the Supervisor to violate the Voting System Agreement. [read post]
30 Jul 2015, 6:18 am
The employees also alleged four separate incidents of physical assault. [read post]
2 Nov 2015, 4:00 am
Such a special duty can arise in three situations: (1) the plaintiff belonged to a class for whose benefit a statute was enacted; (2) the government entity voluntarily assumed a duty to the plaintiff beyond what was owed to the public generally; or (3) the municipality took positive control of a known and dangerous safety condition. [read post]
23 Nov 2009, 9:52 am
To show same sex harassment, one must show: 1) the alleged harasser made explicit or implicit proposals of sexual activity and that the sexual harasser was homosexual, 2) the harasser was motivated by general hostility toward members of the same sex, or 3) direct, comparative evidence showing different treatment for members of the same sex than for members of the opposite sex. [read post]
2 Jan 2017, 8:40 am
Plaintiff alleged that he was severely injured during a personnel basket transfer while working in his capacity as a barge-loading supervisor for Defendant, his employer. [read post]
20 Feb 2020, 7:53 am
SSAs worked in one of three roles: (1) providing school security; (2) providing security services by vehicle; and (3) performing office work. [read post]
10 May 2021, 8:08 am
Here, he said, Whiteside had done just that by alleging: (1) he was assigned to a non-exempt role; (2) his supervisor and manager knew he performed this role for years; (3) he regularly worked over 40 hours a week; and (4) he was never paid overtime. [read post]
2 Feb 2017, 4:25 am
Establishes an affirmative defense to hostile work environment sexual harassment claims not alleging an adverse, tangible employment action, when 1) the employer exercised reasonable care to prevent or promptly correct the alleged unlawful discriminatory practice or harassing behavior, and 2) the employee failed to take advantage of any preventive or corrective opportunities provided by the employer or to otherwise avoid the alleged harm. [read post]
2 Feb 2017, 4:25 am
Establishes an affirmative defense to hostile work environment sexual harassment claims not alleging an adverse, tangible employment action, when 1) the employer exercised reasonable care to prevent or promptly correct the alleged unlawful discriminatory practice or harassing behavior, and 2) the employee failed to take advantage of any preventive or corrective opportunities provided by the employer or to otherwise avoid the alleged harm. [read post]
14 Apr 2010, 2:03 pm
Slip op., at 2. [read post]
