Sex, Lies, and Liability?

By | January 28th, 2014 | General » Leave a comment

The Sarbanes-Oxley Act (SOX) brought about major changes to the regulation of corporate governance and financial practice. Among other things, SOX protects employees of publicly traded company who are “whistleblowers”. An employee who reports what he or she “reasonably believes” is: mail fraud; wire fraud; bank fraud; securities fraud; violations of any rule or regulation […]

Prompt Remedial Action by Employer Bars Hostile Work Environment Claim

By | July 12th, 2012 | General » Leave a comment

Once again, the Tenth Circuit finds that comments made and actions by an employee that were demonstrative of a gender bias (“this department would run better if the males were doing the job”) together with other demeaning conduct (ridiculing the employee, failing to make eye contact in conversations, treating her like a “servant”) were sufficiently […]

Insubordinate Employee Denied Relief under FMLA Theory

By | April 12th, 2012 | General » Leave a comment

Last week the Tenth Circuit Court of Appeals decided a case, Sabourin v. University of Utah, that addressed the sticky situations of making demands of an employee on FMLA leave and then firing the employee for failing to meet the demands. In this case, Mr. Sabourin requested FMLA leave after being selected for a reduction […]

No State-Law Remedy for Termination in Retaliation for Wage & Hour Complaint

By | January 3rd, 2010 | General » Leave a comment

As Oklahoma employers are no doubt aware, during the past 12 months, the Oklahoma Supreme Court has expanded the once-narrow rule permitting employees to sue their employers in tort for certain employment-related claims. On December 15, 2009, the Oklahoma Supreme Court declined to continue this expansion into the wage and hour arena. The Northern District […]

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