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Ogletree, Deakins, Nash, Smoak & Stewart, P.C. Boston, MA Document Search Results (20)

 

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HTMLEmployer Failed to Establish Tortious Interference by Current Employees Who Were Secretly Operating a Competing Business
Todd M. Torres; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 11, 2014, previously published on April 7, 2014
An employer failed to show that its former employees tortiously interfered with its current and prospective customers, even though they had been secretly operating a competing business while working for the employer. In deciding Aid Maintenance Co., Inc. v. Realty Maintenance Service, Inc. (C.A....

 

HTMLRhode Island Court Considers Harassment and Discrimination Claims Involving Alleged Harasser and Victim of the Same Sex
Andrew E. Silvia; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 2, 2014, previously published on March 27, 2014
The U.S. District Court for the District of Rhode Island recently considered the application of Title VII of the Civil Rights Act of 1964 and the Rhode Island Fair Employment Practices Act (FEPA) in the context of an alleged harasser and victim who are members of the same sex. The court determined...

 

HTMLFired Employee Who Accused Coworkers of Sleeping with Boyfriend Lacks Triable Bias Claim
Rachel Reingold Mandel; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 21, 2014, previously published on March 20, 2014
A retail employer did not violate federal civil rights laws or the Massachusetts state anti-discrimination law when it fired an employee because she made harassing, disparaging, and inappropriate accusations against her coworkers. According to the First Circuit Court of Appeals the discharged...

 

HTMLEEOC Complaint May Make Employers Second Guess Their Standard Separation Agreements
Mark H. Burak; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
February 17, 2014, previously published on February 13, 2014
A recent case filed by the U.S. Equal Employment Opportunity Commission (EEOC) may warrant employers’ attention to the language of their separation agreements. The EEOC just filed an action against a national retailer, claiming that the drug store chain engaged in a pattern or practice of...

 

HTMLFirst Circuit Allows Retaliation Claim to Proceed Absent Direct Evidence of Decision Makers’ Retaliatory Animus
Nicole S. Corvini; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
January 13, 2014, previously published on January 10, 2014
The First Circuit Court of Appeals recently took an expansive view of the type of evidence that is sufficient to raise a genuine issue of material fact to defeat an employer’s motion for summary judgment in a wage and hour case. Specifically, in Travers v. Flight Services & Systems, Inc.,...

 

HTMLRhode Island Court Clarifies Sunday Premium Pay Laws, Holds Employer Liable for Back Pay and Assesses Penalty
Andrew E. Silvia; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
January 7, 2014, previously published on January 4, 2014
The Rhode Island Superior Court recently issued a decision that clarifies the Sunday premium pay laws and regulations in Rhode Island. In affirming a Department of Labor and Training (DOLT) decision on appeal, a Superior Court judge declared DOLT regulations related to the vestigial Sunday work...

 

HTMLFirst Circuit Dismisses FCA Claim For Failure To Plead Fraud With Particularity And Denies Further Amendments Of Complaint
Andrew E. Silvia; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
January 2, 2014, previously published on December 23, 2013
On December 6, 2013, in U.S. ex rel. Helen Ge, M.D. v. Takeda Pharmaceutical Company Limited (No. 13-1088), the First Circuit Court of Appeals affirmed the dismissal of Dr. Helen Ge’s qui tam actions against her former employer, Takeda Pharmaceutical Company (Takeda). Ge claimed that Takeda...

 

HTMLDid An Employer Inflate Its Worker’s Performance Deficiencies as a Pretext for Disability Bias? Mass. Court Says Maybe
Jermaine L. Kidd; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 11, 2013, previously published on December 9, 2013
On November 4, 2013, in Akerson v. Pritzker, No. 12-10240-PBS, the U.S. District Court for the District of Massachusetts rejected the race discrimination and Equal Pay Act claims brought by a former employee of the U.S. Census Bureau’s, but allowed her Rehabilitation Act claims to proceed to...

 

HTMLA Bit Too Far: Employee’s Alleged Self-Defense Fails To Sway NH Justices On His Wrongful Discharge Claim
Todd M. Torres; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 22, 2013, previously published on November 18, 2013
Could an employee be fired by his employer for actions he claimed were done in self-defense? In Leeds v. BAE Systems, No. 2012-599 (November 5, 2013), the New Hampshire Supreme Court found that he could where the employee’s actions went beyond what was reasonably necessary to potentially...

 

HTMLIndependent Contractor or Employee: How Some Countries Differ
Carson G. Burnham, Bonnie Puckett; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 7, 2013, previously published on October 27, 2013
In this series of blog posts, we have examined the use of independent-contractor relationships by multinational organizations. In our last three posts, we identified issues for global entities that are considering using independent contractors when expanding their operations overseas, including...

 


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