Tennessee Labor Talk

Category Archives: Retaliation/Whistleblower

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Court Rules That Two-Year Period After Demotion Not Fatal to Constructive Discharge Claim

By Alonda W. McCutcheon on Posted in Discrimination and Harassment Law and Practice, Retaliation/Whistleblower

A former elementary school principal, who was demoted to a physical education (P.E.) teacher, survives a summary dismissal of his constructive discharge claim despite a two-year gap between the demotion and his decision to retire.  Terry Gannon sued the Cannon County, Tennessee Board of Education for, among other things, discrimination and retaliatory constructive discharge in… Continue Reading

Should Employers Now Ask All Applicants If They Have Sued Under FLSA On A Background Check?

By Tim K. Garrett on Posted in Retaliation/Whistleblower, Wage and Hour Law and Practice

A federal appeals court recently held that a job applicant cannot sue a prospective employer for retaliation under the Fair Labor Standards Act (FLSA).  In the case, Dellinger v. Science Applications International Corp., the employee had to complete a security clearance form after a conditional offer of employment.  The form asked the applicant if she… Continue Reading