On November 10, 2014, the U.S. Supreme Court entered a per curiam order in Johnson v. City of Shelby, Mississippi, reversing the Fifth Circuit Court of Appeals’ opinion affirming the dismissal of a suit against a Mississippi municipality because the complaint did not include a claim under Section 1983. The City of Shelby police
Shootin’ Blanks: Tennessee Appeals Court Dismisses Officer’s Whistleblower Suit Over Live Ammo’s (Almost) Use
Reminder to Tennessee whistleblowers and employers: a Tennessee Public Protection Act (“TPPA”) suit only works if the purported whistleblower has a reasonable belief that what occurred was actually illegal.
To prevail on a TPPA claim, the plaintiff must show, among other elements, that he or she refused to participate in or remain silent about an
Employers: Send Your FMLA-Related Notices via Certified Mail
Send your Family and Medical Leave Act (FMLA) notices to employees via certified mail or risk having your summary judgment motion denied—that’s the message from U.S. Third Circuit Court of Appeals in Lupyan v. Corinthian Colleges, Inc.
Lupyan, an instructor for Corinthian Colleges, Inc. (CCI), request personal leave and actually took more than 12 weeks.
Tennessee: Undocumented Worker Has Standing to Bring Retaliatory Discharge Claim
Tennessee employers take note—undocumented workers who can’t return to work because of their immigration status can still sue you for retaliatory discharge. In a case of first impression, the Tennessee Court of Appeals held on August 5, 2014 that an “unauthorized alien” has standing to bring a retaliatory discharge claim against an employer under Tennessee