» Retaliation

Court denies motion to dismiss First Amendment claim against sheriff's office

Last year, Patterson Harkavy filed federal suit against the Alamance County Sheriff’s Office on behalf of former deputy sheriff Jeffrey Randleman. The suit alleges that Mr. Randleman was fired for testifying truthfully about alleged racial prof… Read More
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Fourth Circuit expands protections for harassment victims

Yesterday afternoon, the Fourth Circuit issued an en banc decision supporting the rights of workplace harassment victims. See Boyer-Liberto v. Fountainebleau Corporation, No. 13-1473 (May 7, 2015). The opinion offers important insight into what level… Read More
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Patterson Harkavy files suit against the Alamance County Sheriff's Office alleging First Amendment violation

Yesterday, Patterson Harkavy filed suit against the Alamance County Sheriff’s Office on behalf of former deputy sheriff Jeffrey Randleman. The suit alleges that Mr. Randleman served as a law enforcement officer in the sheriff’s office for 22… Read More
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Court of Appeals Rejects REDA Claim by Pro Se Plaintiff

In Fatta v M & M Properties Management, Inc. the North Carolina Court of Appeals heard an appeal by a pro se plaintiff of the trial court’s granting of summary judgement. Plaintiff worked for the company in one of their hotels as a property… Read More
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4th Circuit Rules that Internal Complaints are Protected Activities Under FLSA’s Anti-Retaliation Provision

In Minor v. Bostwick Laboratories, Inc., Kathy Minor was hired by Bostwick Laboratories as a medical technologist on December 24, 2007. She received satisfactory or above average ratings at her only performance review on April 30, 2008, just twelve d… Read More
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NC Court of Appeals Rejects Free Speech Retaliation Appeal

The North Carolina Court of Appeals published a decision in a free-speech retaliation case in Ginsberg v. Board of Governors of the University of North Carolina. The plaintiff, who worked at NC State University as a teaching assistant professor, cont… Read More
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Fourth Circuit Affirms Protected Concerted Activity Claim

The Fourth Circuit Court of Appeals recently decided NLRB v. White Oak Manor, a case involving an employee’s protected concerted activity, ruling in favor of the NLRB who sought to enforce an order in favor of the employee. The employee, who wa… Read More
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Fourth Circuit Rejects FLSA Retaliation Claim for Job Applicant

The Fourth Circuit recently issued a troubling 2-1 decision in Dellinger v. Science Applications International Corp. The majority (Judges Niemeyer and Keenan) held that under the anti-retaliation provision for the Fair Labor Standards Act (FLSA, the… Read More
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4th Circuit Reverses District Court's Grant of Summary Judgement in Sexual Harassment Case

In Okoli v. City of Baltimore, John P. Stewart was the director of Baltimore’s Commission on Aging and Retirement (“CARE”) and served in the Mayor’s cabinet. In June 2004, Stewart hired Katrina Okoli, an Africa-American woman, to serve as his… Read More
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Fourth Circuit Supports Sex Harassment and Retaliation Claims

The Fourth Circuit recently issued an excellent decision in Okoli v. City of Baltimore. This case presents claims under Title VII action for sexual harassment and retaliation (termination) for reporting the harassment. Amazingly, the trial court dism… Read More
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