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Category Archives: Retaliation/Whistleblower

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Workplace Retaliation: What Is It and How to Avoid It

Posted in Retaliation/Whistleblower

The Equal Employment Opportunity Commission (EEOC) recently issued updated guidance on workplace retaliation issues. This is the first update to the workplace retaliation policy since 1998 for what has become the most commonly reported complaint among employees in all sectors of employment in the U.S.  As employers know, retaliation is taking a materially adverse action… Continue Reading

Tennessee Supreme Court Clarifies Reporting Standard under TPPA

Posted in Retaliation/Whistleblower

The Tennessee Supreme Court recently clarified an important aspect of the Tennessee Public Protection Act (“TPPA”) for purported whistleblowers and employers confronted with claims of illegal activity. In a case of first impression for the Tennessee Supreme Court,[1] the Court addressed a split among the court of appeals panels regarding the reporting requirement for a… Continue Reading

Second Circuit Clarifies “Protected Activity” for Sarbanes-Oxley Act Retaliatory Discharge Claims

Posted in Retaliation/Whistleblower

Whether the plaintiff is actually engaged in “protected conduct” is always a key question when defending a retaliatory discharge claim. This certainly is true when such a claim is brought under the Sarbanes-Oxley Act (SOX). On August 8, 2014, the Second Circuit Court of Appeals clarified the nature of the protected activity a successful SOX… Continue Reading

Top Ten Takeaways from the Employment Law Update

Posted in Employee Benefits, Retaliation/Whistleblower, Wage and Hour Law and Practice

On June 12 in Nashville and on June 26 in Memphis, attorneys from the Bass, Berry & Sims Labor and Employee Benefits Practice Groups presented to gatherings of corporate counsel, human resources professionals, state employees, and others about the current state of key issues in employment and benefits law.  Below is a list of the top “take-aways”… Continue Reading

Tennessee Legislature Makes Significant Changes in State Employment Laws

Posted in Discrimination and Harassment Law and Practice, Doing Business in Tennessee, Retaliation/Whistleblower

Effective July 1, 2014, the following changes in Tennessee employment laws will take effect: No individual liability of supervisors or managers in discrimination claims; only the “employer” can be sued for discrimination; Caps on non-monetary damages (pain, suffering, humiliation, embarrassment) in discrimination claims; caps do not limit back-pay or front-pay; Preemption of common law “whistleblower”… Continue Reading

Court Rules That Two-Year Period After Demotion Not Fatal to Constructive Discharge Claim

Posted in Discrimination and Harassment Law and Practice, Retaliation/Whistleblower

A former elementary school principal, who was demoted to a physical education (P.E.) teacher, survives a summary dismissal of his constructive discharge claim despite a two-year gap between the demotion and his decision to retire.  Terry Gannon sued the Cannon County, Tennessee Board of Education for, among other things, discrimination and retaliatory constructive discharge in… Continue Reading

Should Employers Now Ask All Applicants If They Have Sued Under FLSA On A Background Check?

Posted in Retaliation/Whistleblower, Wage and Hour Law and Practice

A federal appeals court recently held that a job applicant cannot sue a prospective employer for retaliation under the Fair Labor Standards Act (FLSA).  In the case, Dellinger v. Science Applications International Corp., the employee had to complete a security clearance form after a conditional offer of employment.  The form asked the applicant if she… Continue Reading