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)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Texas employers: Getting bias cases into federal court just got a little easier
- Caution: Hiring applicant who signed noncompete spells trouble
- USERRA and the choice of paying or not paying for health insurance
- Discipline worker who complained of bias--if warranted and consistent with past practice