T. Thomas Metier

When Can an Employee in the Military Reserve Be Terminated for Violating the Employer’s Attendance Policy?

In Starr v. QuikTrip Corporation, Inc., No. 17-5024 (10th Cir. March 1, 2018), the United States Court of Appeals for the Tenth Circuit Affirmed the lower court’s ruling. Paul Starr (“Starr”) was a QuikTrip Corporation (“QuikTrip”) employee who also served […]

Leto Copeley

When The Company Calls You An Independent Contractor, But Controls You Like An Employee

Do you work for an employer that promised you the opportunity to own your own business as an independent contractor?  Did that employer help you get started in the “business,” but now tells you what to do every day similar […]

T. Thomas Metier

In a Wrongful Termination Case, When Do Religious Accommodations Move From Reasonable to Burdensome to a Defendant Employer?

The United States Court of Appeals for the Tenth Circuit handled this tough decision impacting some Jehovah’s Witnesses in Tabura v. Kellogg USA, No. 15-4135 (10th Cir. 2018). Plaintiffs Richard Tabura and Guadalupe Diaz (“Plaintiffs”) are Seventh Day Adventists who […]

Matthew Nace

Arbitration Clauses Come Under Harsher Scrutiny in the Age of #MeToo

For years the controversy over forced arbitration clauses has been rising through the public consciousness. Since the advent of arbitration agreements, the public has come to discover fine print arbitration clauses buried in cell phone contracts, credit card contracts, and […]

Valerie Johnson

Regaining Your Right to Sue for Sexual Harassment with New Bipartisan Bill

Recent movements such as #MeToo and Time’s Up have now brought another problem to light that affects more than 56 percent of American workers: a forced arbitration clause that many of us agree to with signed employment agreements—effectively giving away your right […]

John Bair

Microsoft Leads the Way in Eliminating Forced Arbitration

The movement to achieve equality in the workplace is gaining traction. In recent months, we have seen a spike in actions taken to promote fairness and squash unacceptable behavior across many industries. Now, Microsoft is making a big change to […]

T. Thomas Metier

What Determines Whether a Case Dismissal Should Be With or Without Prejudice?

In Bright v. University of Oklahoma Board of Regents, No. 17-6101 (W.D. Okla. 2017) the United States Court of Appeals for the Tenth Circuit took on that question when dealing with a case possibly violating the Americans with Disabilities Act […]

T. Thomas Metier

When Can a Jury Infer Discriminatory Intent from a Company’s Actions?

The United States Court of Appeals for the Tenth Circuit determined the answer in Barrington v. United Airlines, Inc., No. 16-1292 (10th Cir. 2017). Jaymee Barrington (“Barrington”) had worked at United Airlines, Inc., (“United”) for approximately 25 years. In 2011, […]

Scott R. Marshall

WORKERS’ COMPENSATION: The Dangers of Getting Treated “One Injury at a Time.”

There is often a fundamental misunderstanding among many medical providers who treat workers’ compensation patients who are injured on the job in the State of Florida, and it is wreaking havoc on workers’ compensation claims. Many times, when a physician […]

T. Thomas Metier

When Is Discriminatory Intent Required in a Claim Under the Americans With Disabilities Act?

The Tenth Circuit Court of Appeals took on this challenging question in Punt v. Kelly Services, No. 16-1026 (10th Cir. 2017). Kristin Punt (“Punt”) sued Kelly Services (“Kelly”) and their parent company, GE Controls Services, making claims under the Americans […]