Cases --- February 22nd through 28th

Public Employees

Seifert v. Unified Government of Wyandotte County, Kansas (10th Cir., February 27, 2015) (affirming in part and reversing in part conclusions as to plaintiff's testimony against public officers and potentially pretextual reasons for his dismissal and mistreatment)

Discrimination/Retaliation

Tadlock v. Marshall County HMA, LLC (10th Cir., February 25, 2015) (reversing summary judgment in the county's favor on Tadlock's ADA discrimination claim, but affirming retaliation and interference with FMLA claims)

Tatom v. Res-Care, Inc. (10th Cir., February 24, 2015) (affirming summary judgment in favor of Res-Care because Tatom refused to return to work and was deemed to have voluntarily abandoned her job)

ERISA

Fulghum v. Embarq Corporation (10th Cir., February 24, 2015) (fairly involved and lengthy decision regarding the corporation's alteration or elimination of retirement benefits---multiple holdings affirming and reversing lower court judgments on ERISA, fraud, ADEA, and breach of fiduciary duty claims)

Workers Compensation/Occupational Safety and Disease

Valencia v. Labor Commission (Utah Ct. App., February 26, 2015) (affirming denial of disability benefits for hearing loss because Valencia wore the available hearing protection during the time at issue and so could not show the necessary connection)

Labels: Age Discrimination in Employment Act (ADEA), Disability, Discrimination, First Amendment, FMLA, Government Employer, Retaliation, Tenth Circuit, Utah Court of Appeals, Workers Compensation