By Anthony Rice

In Kuhn, the plaintiff Eric Kuhn, a Deputy Sheriff, sued his employer, the county, alleging denial of procedural due process when he was terminated following a false rape allegations.  The Sixth Circuit affirmed the judgment of the lower court dismissing Kuhn’s claim. The court found no due process violation occurred because Kuhn had proper notice and opportunity to be heard. Kuhn was given written notice of his impending termination, Kuhn was given a sufficient explanation that he would be terminated, Kuhn had several days in which to respond, and a post-termination hearing process was available to Kuhn. [Read more…]

By David Worley

In Department of Justice, 131 LA 550 (Moreland 2013), the arbitrator held that the denial of a promotion to a federal corrections officer was improper when the only reason for the denial was the existence of an excessively long ongoing investigation that implicated the grievant by mistake.  Because the only clear reason for the denial of promotion was the improper investigation, and the employer did not enjoy unfettered discretion in determining promotions as dictated by statute, the CBA, and relevant regulations, the denial was improper and the grievance was sustained.  The arbitrator also determined it was within arbitral authority to compel a promotion. [Read more…]

By David Worley

In Bowman v. St. Luke’s Quakertown Hospital, 27 AD Cases 786 (E.D. Pa. 2012), the District Court dismissed an EMT’s failure to accommodate claims under the ADA, but denied the motion to dismiss his FMLA claims when he had been fired for taking too much time off, following a transient ischemic attack which made him unable to work as an EMT.  To survive the motion to dismiss, the plaintiff only needed to allege sufficient facts, when viewed in a light most favorable to the plaintiff, to indicate he had been deprived of his FMLA rights.  His complaint met this low standard. [Read more…]

By Jim Cline

We are following other Labor and Employment Law Blogs on the Web and will bring to your attention some other articles worth reading. Here are some other articles we think are worth a look: [Read more…]