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On to trial for worker advocate’s retaliation claim

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in Employment Law,Human Resources

Employees and their lawyers are getting more creative with their lawsuits. Not content to rely on federal anti-discrimination laws, they add claims under state law, too. That increases their chances of making a claim stick.

Recent case: David Legg complained loudly and often about his employer’s stated plan to change its seniority system in a way that negatively affected older workers.

Legg was fired following a workplace accident in which he injured a contractor’s employee. He sued, alleging among other claims that he had been fired in retaliation for advocating on behalf of senior ­employees. He claimed that under the Ohio Re­­­vised Code, it is unlawful for an em­­ployer to “discriminate in any matter against any other person because that person has opposed any unlawful discriminatory practice.”

The court concluded Legg’s case should go to trial. (Legg v. Amsted Rail, No. 2:11-CV-00567, SD OH, 2011)

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