Gonzalez v. Carestream Health, Inc., No. 12-CV-6151(CJS) (W.D.N.Y. Sept. 18, 2012, Siragusa, J.): A district court granted an employer’s motion to dismiss the complaint of a 60-year old male who brought claims for age discrimination under the Age Discrimination in Employment Act and the New York State Human Rights Law, and for retaliation under the Family Medical Leave Act (FMLA). The plaintiff claimed that, after being employed by the defendant for 34 years, he began receiving poor performance appraisals and was ultimately terminated after taking a four-week FMLA leave. Applying Twombly and Iqbal and their progeny, the court found first that the plaintiff’s allegations regarding the basis for his termination were mere “threadbare recitals of the elements of a cause of action supported only by bare conclusory statements,” and dismissed the age discrimination claims. Next, after holding that the plaintiff’s performance evaluations were incorporated by reference into his complaint, the court found that the plaintiff had received negative performance reviews prior to his FMLA leave. In addition, the court reasoned, the temporal proximity between the FMLA leave and the plaintiff’s termination—eight months—also did not suggest that his termination was due to retaliation. Thus, the court also dismissed the FMLA claim, which demonstrates that courts in New York may dismiss FMLA and discrimination claims based upon threadbare and unsupported allegations.
In National Labor Relations Board v. Pier Sixty, LLC, No. 15-1841 (April 21, 2017), the Second Circuit upheld the National Labor Relations Board’s (NLRB) finding that an employee’s Facebook post, although “vulgar and inappropriate,” did not exceed the National Labor Relations Act’s (NLRA) protection. The court cautioned, however, that the claimant’s conduct sits at the “outer-bounds of protected, union-related comments.”
A recent Information Letter issued by the Internal Revenue Service (IRS) on the taxation of employer-provided parking, although noncontroversial, serves as a useful reminder that “free” parking for employees may result in taxes for both the employee and the employer. IRS Information Letter 2014-0017 (June 27, 2014) explains that if…..
Two recent rulings in the Northern District of Illinois, Eastern Division and the Central District of Illinois, Peoria Division, have further blurred the “bright line” two-year consideration rule established by the Illinois First District Court of Appeals…