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Wrongful Termination

New York City Fast Food Workers Just Declared Independence from At-Will Employment

As of today, July 4, 2021, fast-food workers in New York City are free from at-will employment, one of the oldest and least worker-friendly rules in employment law. At-will employment means that an employer can discharge workers at will “for a good reason, a bad reason, or no reason at all.”[1] This rule generally applies to all private employees in America who do not have a “just cause” provision or a time period for employment in their contracts. Thus, private employers have been able to fire workers for the following reasons: Not smiling enough at customers[2] Posting satirical cartoons on Facebook[3] Attending law school at night after work[4] Speaking out against defense spending[5] Refusing to falsify records[6] Reporting financial improprieties to top management[7] Based on stories like these, the rule’s shaky historical foundations,[8] and its disproportionate impact on workers of color,[9] scholars and advocates have sought to end at-will employment for decades.[10] Over time, courts have recognized some important exceptions to at-will employment. A contractual[11] or fiduciary obligation[12] may now limit an employers’ absolute authority to fire an employee. In addition, public policy,[13] anti-discrimination laws,[14] and whistleblower protections[15] have made some discriminatory or retaliatory firings unlawful.[16] Despite these widening exceptions, few have successfully challenged the default rule itself. New York […]

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Reasons for Wrongful Termination

Getting fired can be a stressful and upsetting time in an employee’s life. But getting fired for a reason that is illegal can also give an employee a basis to bring a lawsuit to recover money. Here are some examples of reasons an employee may be fired that would be considered wrongful termination: Ignoring written or implied promises – If you have a contract or some other form of statement that promises job security (such as a written statement that an employer can’t fire you without a reason) and are then fired, this can be a case of wrongful termination. A breach of good faith – Did your boss fire you to prevent you from receiving a large sales commission? Or, did you repeatedly receive undesirable job assignments to coerce you into quitting? This can be considered a breach of good faith. Public policy violations – An employer cannot fire you if you need to take time off for doing a public duty, such as serving jury duty, serving military time, or for whistleblowing practices. Discrimination – Employment discrimination is illegal. If you were fired because of your race, age, religion, nationality, gender, or color, speak with an attorney. Retaliation – Your employer cannot fire […]

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Beth Burns Former San Diego State Womens Basketball Coach Settles Wrongful Termination Lawsuit

Posted April 5th, 2018. For more information contact Jamie Moss, newsPRos, , jamie@newspros.com SAN DIEGO, APRIL 5, 2018 – Beth Burns, the winningest women’s basketball coach in San Diego State University history (SDSU) inked a final settlement agreement with the University, putting a period on long and contentious litigation which began in 2014. The settlement follows a September 2016 victory in California Superior Court when a jury awarded Coach Burns $3,356,250 in damages. “This settlement is a milestone in the fight for gender equity in women’s college athletics as well as a warning shot to university athletic departments across the country, said, , a partner at . “Athletic Departments need to follow the rules. If they want to fire a coach or anyone else in their departments, there is a right way and a wrong way, right reasons and wrong reasons.  San Diego State fired Beth for the wrong reasons in the wrong way. This settlement should put universities on notice that if they don’t follow the rules, it will be costly.” In the fall of 2016, and Patterson Law Group successfully tried Beth’s case to verdict. A five-woman, seven-man jury delivered the verdict, after two days of deliberation following four […]

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Sanford Heisler Sharp Adds Additional Allegations and Two Commissioners as Defendants in Wrongful Termination and Retaliation Suit Against Metropolitan Nashville Airport Authority

Posted January 17th, 2018. New Material Details MNAA’s Attempts to Defame Wigington, Damage His Reputation, And Retaliate Against Him After He Filed His Federal Suit For more information, contact Jamie Moss of newsPRos at or jamie@newspros.com January 17, 2018, Nashville, TN –Lawyers at Sanford Heisler Sharp representing Robert Wigington, the former President and CEO of the Metropolitan Nashville Airport Authority (“MNAA”), in a wrongful termination, retaliation, and breach of contract lawsuit against the Authority were back in U.S. District Court for the Middle District of Tennessee today to update the allegations of wrongdoing against his former employer. Mr. Wigington initially filed suit against MNAA on December 4, 2017, alleging the Airport Authority discriminated and retaliated against him in violation of the federal Family Medical Leave Act (“FMLA”) and the Tennessee Disability Act (“TDA”) by refusing to allow him to resume his job duties and responsibilities when he returned to work after recovering from liver transplant surgery. The Amended Complaint adds new information about actions MNAA took on December 13, nine days after the initial Complaint was filed, including the Airport Authority’s decision to classify Mr. Wigington’s termination as a “for cause” termination—effectively eliminating the severance package included in his employment contract—as […]

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Sanford Heisler Sharp Files Suit Against Metro Nashville Airport Authority for the Wrongful Termination and Retaliation of Former President and CEO Robert Wigington

Posted December 4th, 2017. Suit Alleges Violations of Family Medical Leave Act and Tennessee Disability Act For more information, contact Jamie Moss, newsPRos, 201-493-1027, jamie@newspros.com December 4, 2017, Nashville, TN – Sanford Heisler Sharp today filed a lawsuit in U.S. District Court for the Middle District of Tennessee against the Metropolitan Nashville Airport Authority (“MNAA”) on behalf of Robert Wigington, the Airport Authority’s former President and Chief Executive Officer. The Complaint alleges MNAA refused to allow Wigington to resume his job duties and responsibilities when he returned to work after recovering from liver transplant surgery. Wigington requested and was granted leave under the federal Family and Medical Leave Act (“FMLA”), which he began on July 24th, 2017. On September 5th when Wigington returned from medical leave, MNAA told Wigington that they had decided to go in a “different direction” and that he was being relieved of his duties. MNAA did not provide Wigington an explanation for his termination, did not give him the required notice, and did not give him the opportunity to return to his former position, which is a violation of federal law. On October 18th, MNAA voted to terminate Mr. Wigington’s employment and attempted to justify its decision […]

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Former SDSU Coach Beth Burns Wins Wrongful Termination Lawsuit

Posted September 28th, 2016. This article first appeared in San Diego Union-Tribune on September 28, 2016. By Dan Stack According to Mark Zeigler of the The San Diego Union-Tribune, ex-San Diego State (SDSU) women’s basketball coach Beth Burns has won her lawsuit against her former employer from wrongful termination. Zeigler writes that as a result Burns will receive a $3.35 million reward from a San Diego Superior Court jury for whistle-blower retaliation after complaining about potential Title IX violations. Burns was fired by SDSU in April of2013—in her second stint at the school—and alleged “SDSU fired her in retaliation for her unwavering demands that SDSU put women’s basketball and men’s athletics on an equal footing.” SDSU states that it fired Burns for abusing and mistreating coaches on her staff. More from Zeigler: SDSU ultimately identified two central reasons for her termination – a video from a February 2013 home game in which Burns elbowed assistant coach Adam Barrett, seated to her immediate right, after a defensive lapse; and an internal investigation that chronicled an alleged “history” of mistreating subordinates. Burns, 57, characterized the elbow as incidental contact on a crowded bench, and her attorneys called the athletic department probe “a […]

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