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T. Thomas Metier

When a Teacher Released from His Contract, Did the School Have Proper Cause for Termination?

In Robinson v. Morrill County School District, No. S-17-16, (299 Neb. 740), the Supreme Court of Nebraska examined the merits of the termination. In the fall of 2013, Patrick Robinson (“Robinson”) was hired as the curriculum and assessment coordinator at […]

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 […]

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 […]

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, […]

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 […]

T. Thomas Metier

Was this Court Correct to Not Enforce an Administrative Subpoena Issued By the EEOC?

The EEOC did not meet the necessary burden of showing why the information it was looking for was important; the Court had not abused its discretion when it denied help enforcing the subpoena.