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Cat fight on aisle 6: court leaves open the possibility that a handbook can create a contract
In White v. Fabiniak , Wal-Mart fired Carla White for threatening to "slap the piss" out of a co-worker, Stephanie Jeppe. Prior to the termination, White had used Wal-Mart's Open Door Policy to complain to her supervisor that Jeppe had been threatening her. White was an at-will employee of Wal-Mart. At the start of her employment, Wal-Mart provided her an employee handbook that contained, among other provisions, an Open Door Policy. That policy provided: If you have an idea or a problem, you can talk to your supervisor about it without fear of retaliation. Problems may...
In responding to harassment complaint, prompt means prompt
In Bailey v. USF Holland , the 6th Circuit had occasion to examine whether the employer's response to two African-American employees' claims of racial harassment was sufficiently prompt to defeat liability. This case provides a good case study from which companies can learn how, and how...
6th Circuit Recognizes Claim for Associational Retaliation
The 6th Circuit continues to broaden the scope of retaliation claims, and in the process make it more and more difficult for employers in Ohio, Michigan, Kentucky, and Tennessee to manage against these claims. In Hawkins v. Anheuser-Busch , for example, the 6th Circuit recently recognized a...
Defamation liability in internal investigations?
Jackson v. City of Columbus , decided today by the Ohio Supreme Court, illustrates the importance of being thorough in all internal investigations of employee misconduct, and only disclosing the results of such investigations on a need to know basis. The Mayor of Columbus asked his...
