New England Biz Law Update

A union could enforce a “letter of agreement” preventing a highway construction general contractor from doing business with a named subcontractor, the 1st U.S. Circuit Court of Appeals has ruled.

Tagged with: Sept. 30 2012 issue

A gas company technician of Hispanic heritage could be suspended for failing to respond to a gas leak while he was on call even though he denied receiving any of the company’s communications, the 1st U.S. Circuit Court of Appeals ...

Tagged with: Sept. 30 2012 issue

A teacher dismissed from a private school could sue his former employer for breach of contract despite the fact that the employment offer he signed expressly stated that it was not a contract, that his employment would be at will, and that the offer could be revoked at the discretion of the school.

Tagged with: Aug. 31 2012 issue

A sales associate for a gas station and convenience store could not hold his employer liable for disparate treatment after his hours were reduced when he returned from a medical leave, the 1st U.S. Circuit Court of Appeals has decided.

Tagged with: Aug. 31 2012 issue

An employee could not recover under the Rehabilitation Act of 1973 based on a jury finding that retaliation for his complaints about disability discrimination was a motivating factor in — though not the “but-for cause” of — an adverse employment ...

Tagged with: Aug. 31 2012 issue

A substitute teacher who was turned down for open teaching positions could sue for age discrimination based on evidence that interview sheets were missing from his personnel file, the Rhode Island Supreme Court has ruled in a split decision.

Tagged with: Aug. 31 2012 issue

An employee who executed a release as part of his severance package could not later sue his former employer for discrimination, the Rhode Island Supreme Court has ruled.

Tagged with: July 30 2012 issue

Two railroads charged under the Federal Employers’ Liability Act with negligently causing injuries to a former employee could introduce evidence that the employee was getting about $3,000 a month in disability benefits under the Railroad Retirement Act, the 1st U.S. ...

Tagged with: July 16 2012 issue

A plaintiff who lost her job as store manager could not prove disability discrimination because her knee condition prevented her from performing physical tasks that were essential job functions according to the employer’s official written description of her position, the ...

An employer was justified in subtracting an executive’s $5 million lump-sum severance payment from his wages for purposes of calculating his retirement benefits, a U.S. District Court judge has ruled.

Tagged with: June 30 2012 issue