There is protection for whistle-blowers when their employers decide to take retaliatory action.A whistle-blower who warned of problems with safety equipment planned for Florida nuclear plants has been awarded $100,000 for his wrongful firing.Unjustly fired worker awarded back payDavid L. Robinson, a Texas engineer who was a specialist in quality controls at nuclear plants, had been fired by...
On August 1, 2006, the 10th Circuit Court of Appeals, in an unusual show of descriptive writing, observed the following, when ruling on claims of breach of contract in the 1984 sale of the majority of stock in the partnership that owned the Denver Broncos. "If sport be a metaphor for life, then surely the sale of a National Football League franchise must be like the game itself. Sophisticated...
Just a couple of weeks after the SEC announced that they were investigating Computer Sciences Corporation for backdating stock options, it has come to light that Analog Devices (ADI) and Affiliated Computer Services (ACS) have had lawsuits filed against them alleging the same indiscretions. Backdating stock options can be used to artificially lower prices to lock in profits for officers and...
When reservists working in one of the U.S. military branches are called to serve, the law mandates that the reservist's civilian job be held by his or her employer. The employment law statute says that the reservist "must be put back in the same or similar position with like seniority, status and pay." Some companies, however, still do not comply with the law by firing or demoting employees who...
The AP reports that flight attendants with Northwest will begin unannounced strikes on August 15 at 9:01 p.m. CDT if Northwest does not stop the imposition of a new contract on employees. Questions remain about the legality of such a strike. Airline law and bankruptcy code may be challenged in court as Northwest 2005 bankruptcy allows new contracts to be established. They believe that not only...
The nation's fastest-growing legal battlefront may be between workers and companies. Since 2000, the number of wage-related cases filed in federal courts has doubled, and most involve overtime claims.More workers suing to get overtime payLori Langer poured herself into her job, putting in extra time calling prospective students as an admissions adviser at American Intercontinental University...
When handling a termination or a disciplinary situation, it is critical that the manager or supervisor remain calm and professional, or the employer may have problems explaining the "business reason" for the employer's action when discriminatory motive is claimed. In Zamora v. Elite Logistics, Inc., decided June 5,2006, the 10th Circuit looked to the supervisor's responses, which were rude and...
An employer cannot "rubber stamp" the decision of a bigoted manager to terminate an employee, and then claim lack of discriminatory intent when the employee files suit claiming discrimination. In EEOC v. BCI Coca-Cola Bottling Co., decided June 7, 2006, the 10th Circuit recognized that an employer must hear both sides of the story and conduct an independent investigation of the grounds for...
The Securities and Exchange Commission is investigating Computer Sciences Corporation for possibly failing to report backdated stock options that were given to the company's executives. CSC announced last month that they are cooperating with the investigation, which focuses on whether the backdated options increased the executives' compensation.The informal request by the SEC for information...
Computer Sciences Corporation announced last week that corporate VP and former CFO Leon (Lee) Level will retire at the end of this month. Level previously stepped down from his post as CFO, and his full retirement will take place July 31st. Just over a year ago, a class action lawsuit against CSC on behalf of more than 14,000 employees was finalized. That suit involved overtime pay and was...
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