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A Cautionary Tale: Female Employee’s Emails Used Against Her in Sexual Harassment Case

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On September 17, 2012, the United States District Court for the Southern District of Illinois granted Defendant USDA’s motion for summary judgment on Plaintiff’s sexual harassment claim. Jacober v. Dep’t of Agric., No. 3:10-cv-00422 (S.D. Ill 9/17/12). In her suit, Plaintiff alleged that her supervisor directed an intern to create a PowerPoint presentation of him, the [...]

Defending Teachers’ Rights of Self-Defense

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Van Kampen Law defends Patricia Frost, an Anson County teacher suspended for slapping an adult student in self-defense. Media coverage by WBTV. – Aug 1, 2012

Court Holds that Employee Can Recover Lost Overtime Pay Under FMLA

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On September 4, the U.S. Court of Appeals for the First Circuit affirmed a lower court decision and held that a plaintiff could recover lost overtime pay under the FMLA. Pagan-Colon v. Walgreens of San Patricio Inc., No. 11-1089 (1st Cir. Sept. 4, 2012). Specifically, it affirmed that lost overtime could be included in the [...]

Court Grants Summary Judgment After Employees Fail to Produce Specific Evidence of Unpaid Overtime

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Employees seeking compensation for unpaid overtime must not rely on their employers to record their work hours. This is the lesson imbedded in the Southern District of Texas’ case Faery v. Weigand-Omega Mgmt., Inc., No. 11-02519 (S.D. Tex. 7/26/12). The plaintiffs, three property management employees, alleged that they performed uncompensated overtime work in excess of [...]

Seventh Circuit Reverses Summary Judgment on FMLA Interference and Retaliation Claims

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On August 9, the Seventh Circuit found that a jury should hear Plaintiff’s FMLA interference and retaliation claims, citing, among other things, evidence that the employer defendant may have intentionally interfered with Plaintiff’s employment record and right to FMLA leave. Pagel v. TIN, Inc., No. 11-2318 (7th Cir. Aug. 9, 2012). Defendant terminated Plaintiff, who [...]

Plaintiff Defeats Summary Judgment in Race Discrimination Case in Charlotte

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The U.S. District Court for the Western District of North Carolina recently denied Defendant T-Mobile’s motion for summary judgment, allowing Plaintiff’s case to move forward in Piedi v. T-Mobile USA, Inc., 3:11-cv-00180 (Max O. Cogburn Jr., J.) (W.D.N.C. July 23, 2012). This case involves a type of evidence that is often critical to an employment [...]

Termination of Pregnant Employee for Being Unwed Violates Title VII

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On May 16, 2012, the 11th Circuit Court of Appeals reversed a lower court decision granting summary judgment to Southland Christian School Inc. (the “School”), where the plaintiff alleged that she was terminated for becoming pregnant out of wedlock… Hamilton v. Southland Christian Sch. Inc., No. 11-13696, (11th Cir. May 16th 2012). When the plaintiff, [...]

A Shift for Sexual-Orientation Discrimination?

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A recent Middle District of North Carolina decision might signify a change for plaintiffs alleging discrimination based on their sexual-orientation. In Dawkins v. Richmond County Schools, 1:12-cv-414 (M.D.N.C. May 4, 2012), United States Magistrate Judge L. Patrick Auld held that the plaintiff stated a claim under 42 U.S.C. § 1983 for a violation of the [...]

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Women Continue to Earn Less Than Men for Same Work

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It’s 2012, but the median earnings of women are still lower than those of men. This problem was highlighted last month. President Obama declared April 17 “Equal Pay Day” because that date symbolized how far into 2012, beginning at the start of 2011, women had to work to earn the equivalent of men in 2011. [...]

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Van Kampen Law, PC

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A Cautionary Tale: Female Employee’s Emails Used Against Her in Sexual Harassment Case

Defending Teachers’ Rights of Self-Defense

Court Holds that Employee Can Recover Lost Overtime Pay Under FMLA

Court Grants Summary Judgment After Employees Fail to Produce Specific Evidence of Unpaid Overtime

Seventh Circuit Reverses Summary Judgment on FMLA Interference and Retaliation Claims

Plaintiff Defeats Summary Judgment in Race Discrimination Case in Charlotte

Termination of Pregnant Employee for Being Unwed Violates Title VII

A Shift for Sexual-Orientation Discrimination?

Women Continue to Earn Less Than Men for Same Work

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