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Author Archives: Thomas E. Egan

Employee of Delaware corporation can bring whistleblower suit

The Rhode Island Supreme Court has reversed a Superior Court judge’s decision to dismiss a claim brought under the Rhode Island Whistleblowers’ Protection Act by a plaintiff employee of a defendant Delaware corporation doing business in Rhode Island. The court ...

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Employer is bound by pay policy in handbook

The amount of holiday and vacation compensation owed to an employee should be calculated based on an insert in an employee handbook she received during her interview in December 2008, a Superior Court judge in Rhode Island has ruled. The ...

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Social Security applicant’s ADA claim barred

An employee who applied for Social Security Disability Insurance benefits claiming to be unable to work because of a disabling condition could not hold her former employer liable for failing to reasonably accommodate her disabilities, a U.S. magistrate judge has ...

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Jury must determine FMLA notice issue

A U.S. District Court judge in Rhode Island has found that a company that terminated an employee for excessive absenteeism could not be awarded summary judgment, as the employee raised a jury question regarding whether he gave notice sufficient to ...

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No bankruptcy jurisdiction over severance pay claims

The 1st U.S. Circuit Court of Appeals has determined that two corporate executives of a bankrupt hospital could not bring a claim in U.S. Bankruptcy Court for severance payments. The 1st Circuit upheld a U.S. District Court judge’s ruling that ...

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Termination of town official not violation of due process

A Rhode Island town’s termination of its finance director did not violate his right to due process, the 1st U.S. Circuit Court of Appeals has held. The terminated plaintiff contended that both his pre- and post-termination proceedings were a sham. ...

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Hospital’s non-union hiring preference upheld

Hospital wing

The National Labor Relations Board should not have invalidated an employer’s policy granting non-union employees a hiring preference for non-union positions, the 1st U.S. Circuit Court of Appeals has found. The employer argued that it instituted its hiring policy in ...

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Asset purchaser facing liability for wages owed

A corporation that acquired a retail food business could be sued by employees claiming to have been paid less than the amount required by federal and state minimum wage and overtime laws, a U.S. magistrate judge has determined. The defendant ...

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Settlement doesn’t bar workplace bias lawsuit

A binding settlement between an employee and her employer did not bar the employee from later suing over employment practices that allegedly occurred during a brief six-week period in 2013 after she was reinstated, a U.S. magistrate judge in Rhode ...

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Communications with special master not subject to discovery

A U.S. magistrate judge has ruled that a health care provider that brought suit over a failed attempt to buy Landmark Medical Center in Woonsocket need not disclose the communications it had with a special master concerning asset purchase agreements. ...

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