Blog 
Accidents
- Motorcyclist Injured by Pothole in Road Settles Suit
- $32.2 Million Verdict From Auto Crash Upheld
- Suit for Injuries Caused by Tent Collapse Settled
- Enterprise Rent-A-Car Failure to Respond to Vehicle Recall Results in $15 Million Verdict
- Defective Guardrail Suit Settled for $15 Million
Insurance Claims
- Credit Insurance Class Action Against Resource Life to Proceed
- Health Insurers Reimbursement Rates Target of Class Action
- Cancellation of Insurance Leads to $37 Million Verdict
- Insurer Systematically Underpaid Claims, Lawsuit Says
- Insurance Companies' License To Kill: ERISA
Employment Law
- Female Police Lieutenant Files Sex Discrimination Lawsuit
- Unfair Assignments, Harassment & Retaliation Lead to $1 Million Race Discrimination Settlement
- Pregnancy Discrimination Suit Against Police Department Settled
- Sex Discrimination Suit by Female Sales Reps Against Sanofi Settled for $15 Million
- Disability Discrimination Suit Filed Against Toyota by Former Workers
Overtime & Wages
- Retail Managers Settle Overtime Suit
- Kroger Managers Seek Unpaid Overtime in Class Action Suit
- Construction Workers To Receive $2.2 Million In Back Wages
- Computer Network Technicians File Class Action Suit for Overtime
- Working Through Breaks & On Call Time Lead To Overtime Lawsuit
Workers' Compensation
- Workers Comp Suit Against Wal-Mart Certified As Class Action
- Death From Miner's Death Suit Against Massey Energy Settled for $2.1 Million
- Employee's Commute Ruled Within Course of Employment Under Kentucky Workers Compensation Law
- Worker At 3M Plant Electrocuted
- Workers Sue over Plant Explosion
Disability Insurance
- Doctor With MS Wins Suit For Disability Benefits Against Hartford Life
- Disability Insurance Benefits Reinstated By Court -- Lexington Disability Benefits Lawyer
- Disability Insurer Tainted Claims Process By Providing Negative, Unfounded Information About Claimant to Medical Records Reviewer
Family Safety
- Homeowners Sue Over Sewage Damage
- Understaffing at Nursing Homes Leads to $670 Million Verdict
- Nursing Home Death Results in $29.1 Million Verdict
- $30.3 Million Asbestos Exposure Award Affirmed
- Patient Safety Endangered By Prosecution of Whistleblowing Nurse
Whistleblowers
- Nurses Fired After Reporting Doctor's Substandard Care Settle Wrongful Termination Cases for $750,000
- Overbilling of Government May Yield $1 Billion Recovery in Whistleblower Case Against Oracle
- Whistleblower Sues Sheriff for Wrongful Termination
- Orthopedic Surgeons Charged With Medicare Fraud in Whistleblower Suit
- Safety Complaints Led to Firing, Whistleblower Claims
General
- Bank Sued for Investment Losses
- "Subjected to Sexual Harassment for Several Years" Firefighter Files Suit
- Tort Reform Seeks to Limit the Ability of Trial Juries to Level the Playing Field
- Fifth Third Bank Sued Over Overdraft Fees
Kentucky Employment Law Blog 
- "Similarly Situated" Employees Need Not Have the Same Supervisor
- Causation in Retaliation Case Demonstrated by Encouragement of Supervisor With Knowledge of Protected Activity, Second Circuit Rules
- The Cold Shoulder: Supervisors' Conduct Toward Employee That Complained of Discrimination As Proof of Retaliatory Intent
- Retaliation Verdict For Employee Fired Less Than Three Weeks After Complaining of Age Discrimination Upheld
- Drug Sales Reps Not Exempt From Overtime, Second Circuit Rules
- Supreme Court To Decide Whether Retaliation Ban Applies to Family Members and Others Closely Assoiciated With An Employee that Complains of Discrimination
- Where Employer Induced Employee to Accept Employment by Subsidizing Employee's Commute, the Employee's Death While Commuting Was Compensable under Kentucky Workers Compensation Law
- Doctor Subjected to Sexual Harassment and Hostile Work Environment by Clinic Owner, Fourth Circuit Rules
- Injured Workers At Social Security Retirement Age Limited to Two Years Kentucky Workers Compensation Benefits, Kentucky Supreme Court Rules
- Public Employees' Have No Privacy Rights In Text Messages Sent on Employer-Issued Phone, Supreme Court Rules
Abell Law Blog
- Complex Regional Pain Syndrome and Disability Benefits
- Elena Kagan Confirmed to Supreme Court by 63-37 Senate Vote
- “This is a business court. Now it’s the era of the corporation and the interests of business.” -- The Supreme Court That We Have
- Tort Reform Shortcomings Shown by BP Gulf Oil Rig Disaster
- Supreme Court Increasingly Hostile To Individual's Claims
- Only "Some Degree of Success" Necessary for Award of Attorney's Fees Under ERISA, Supreme Court Rules
- Bourboun County Crash Kills Cynthiana Teenager
- Supreme Court Nominee Kagan On the Confirmation Process
- Virginia Malpractice Attorney Ben Glass On a Frivolous Defense to a Medical Malpractice Claim
- Hartford's Conflict of Interest Causes Reversal Of Disability Benefits Termination
News
Frivolous Lawsuit Filed Over Alleged Video Game Addiction
Posted on 8/30/2010
Fibromyalgia Relief From Tai Chi
Posted on 8/19/2010
Greater Protections for Employee Benefits Forthcoming
Posted on 8/14/2010
Wage & Hour & Overtime Violations In Health Care Industry Investigated
Posted on 8/11/2010
Kagan Confirmed to Supreme Court by 63-37 Senate Vote
Posted on 8/5/2010
Library
Accidents
- Toyota Prius Class Action Lawsuit Complaint
- Class Action Lawsuit against Toyota in Kentucky
- Comair Crash: Court Rules Pilot Negligence "Substantial Factor"
- A Guide To Getting Differential Diagnosis Evidence Admitted
- Bicycle Accidents - Bicyclist Does Not Assume Risk of Defective Roadway - Cotty v. Southampton
Insurance Claims
- Are life insurance benefits payable where death results from accidentally running a stop sign? Since an ordinary person would characterize running a stop sign as an accident, life insurance benefits payable for an accidental death must be paid.
- Uninsured Motorist (UM) Benefits May Be Recovered In Work Death Kentucky Court of Appeals Rules In State Farm v. Slusher
- What are the Insurance companies' "Tricks of the Trade?"
Employment Law
- What supports a damages award in a wrongful termination or retaliation case? A long-term career cut short, prolonged unemployment and destructive impact on the fired employee's family life supported a jury verdict awarding $650,000 for emotional distress.
- $650,000 Emotional Distress & Punitive Damages Award Against UPS Upheld - Fischer v UPS
- Disability Discrimination In Violation of Americans With Disabilities Act - Complaint
- Family Medical Leave Act Complaint - Chaplin v Cobb-Vantress
- Kentucky Whistleblower & Free Speech Response to Petition for Rehearing
Overtime & Wages
- Kroger Managers File Class Action Overtime Lawsuit
- Pharmaceutical Sales Reps Not Exempt from Overtime Pay Requirements - In Re Novartis Wage & Hour Litigation
- Complaint for Unpaid Wages - Vested Vacation Pay
- Unpaid Overtime and Wages Class Action Suit Against Bank of America
- Are Mortgage Loan Officers Exempt from Overtime Pay Requirements?
Workers' Compensation
- Employee's Commute To Work Within Course of Employment Under Kentucky Workers Compensation Law - Fortney v. Airtran Airways
- Kentucky Workers Compensation; Back Injury - Land v Frito-Lay Opinion and Award
- Kentucky Workers Compensation Back Injury; Opinion & Award -- Archer v Back Construction
- Recovery of Damages Against a Co-Worker For Injuries Sustained on the Job
- Recovery of Workers Compensation Benefits Not Barred by Recovery of Damages in Injury Suit Against Third-Party
Disability Insurance
- Disability Benefits Terminated? Did the Insurance Company consider your doctors' opinions and evaluations?
- Disability Benefits Terminated? An Insurance Company's Failure to Consider Treating Doctor's Opinions Violates Federal Law - Love v. National City
- Termination of Disability Insurance Benefits By Sun Life Ruled Arbitrary and Capricious
- Termination of Disability Insurance Benefits by Sun Life Was Arbitrary and Capricious, Court Rules
- Ignoring and Fabricating Evidence: The Hartford Life Claims Process
General
Blog
Employment Law
Unfair Assignments, Harassment & Retaliation Lead to $1 Million Race Discrimination Settlement
A pattern of unfair assignments, a racially hostile work environment and retaliation directed at African-American workers led to a $1 million settlement in a race discrimination case in Rochester. If you have been discriminated against based on your race, contact Lexington, Kentucky discrimination lawyer Robert Abell at 859-254-7076."Subjected to Sexual Harassment for Several Years" Firefighter Files Suit
Sexual harassment creating an illegal hostile work environment and retaliation violates both federal and Kentucky state law. A Houston firefighter has filed suit claiming that she was subjected to sexual harassment for several years and then was retaliated against when she complained.Labels: retaliation sexual harassment
Police Officers File Discrimination & Retaliation Suit
Three Honolulu police officers have filed suit claiming that they were subjected to racial discrimination and retaliation.Labels: race discrimination retaliation
Retaliation Victim Wins $1.5 Million Verdict
It is a violation of federal and Kentucky state law to retaliate against an employee based on information they disclose during a sexual harassment investigation. Vicky Crawford, who took her case all the way to the United States Supreme Court, won a $1.5 million verdict in her retaliation case against the Nashville Metro schools.Firefighter Claims Retaliation For Prior Successful Race Bias Suit
Retaliation against an employee for reporting, filing a suit or supporting a claim of job discrimination violates both federal and Kentucky law. Retaliation against an employee for a prior successful discrimination suit violates the laws.Fired Assessor Claims Retaliation Over Prior Discrimination Suit
Both federal and Kentucky state law prohibit retaliation against an employee who has reported in incident of discrimination, filed a charge of discrimination or even filed a lawsuit over discrimination. If you have suffered retaliation contact Lexington, Kentucky employment lawyer Robert L. Abell.Retaliation Verdict for Doctor of $3.1 Million
Both federal and Kentucky law prohibit retaliation against an employee that reports discrimination. A federal jury awarded a doctor who was retaliated against after she raised concerns of gender discrimination.Suit Claims Retaliation for Demanding Overtime Be Paid
Both federal and Kentucky state law require that overtime compensation be paid for all hours over 40 worked by a nonexempt employee. Both federal and Kentucky state law make it unlawful to fire an employee in retaliation for seeking their overtime pay in accordance with the law.$1.3 Million Verdict In Sex Discrimination and Retaliation Case
A pattern of sexually hostile language and behavior directed at the only woman in the work area followed by an unjustified, retaliatory firing produced a $1.3 million verdict, which included $1.27 million in punitive damages. Serena Eickhoff was the only woman locomotive shop foreman for the Union Pacific Railroad in Kansas City. She had been employed for nine years when she complained of a pattern of sexually hostile language by her supervisors and subordinates. As a result and in retaliation, she was placed on probation and then fired, the jury found.Ms. Eickhoff was represented by Kansas City employment lawyer Dennis Egan, a very accomplished employment lawyer.
Source: Kansas City Star
$18 Million Settlement In Police Race Discrimination Suit
A group of police officers have settled their race discrimination and harassment lawsuits for $18 million. The officers claimed that they faced racial discrimination, harassment and retaliation following the ouster of a police chief. The sixteen police officers sued the city of South Gate, California claiming that they were subjected to racial slurs, false internal affairs investigations, unfairly disciplined and were passed over for promotions.Source: Los Angeles Times
Lexington, Kentucky employment lawyer Robert Abell represents individuals in discrimination cases.
Deputy Sheriff Files Whistleblower Suit
Having reported unlawful, irregular and corrupt activities to the FBI and others and having been fired allegedly in retaliation a deputy sheriff has filed a whistleblower lawsuit. Former Bandera County, Texas deputy sheriff Scott Sharp claims in his whistleblower lawsuit that he was fired in retaliation for having reported misconduct by Bandera County Sheriff Weldon Tucker to the FBI, to the local prosecutor and others.
Source: San Antonio News-Express
Labels: retaliation whistleblower
Sexual Harassment Suit Against City -- Kentucky Sexual Harassment Lawyer
A sexual harassment and race discrimination suit has been filed against the City of Annapolis, Maryland by its director of small and minority business enterprise development, Ruby Blakeney.Blakeney claims in her lawsuit that the city director of economic affairs, Mike Miron, treated white employees better than her, told her that she wold have been excluded from a business lunch in days of segregation, and made sexually offensive comments to her and other women. Blakeney also claims that the mayor's boyfriend, Dale Maddox, groped her at a public event and later called her "Aunt Jemima." After the city failed to take any corrective action and she filed a charge of discrimination with the EEOC, she suffered retaliation in the form of micro-managing of her schedule, exclusion from managment-level meetings and denied computer equipment essential for her job.
Robert L. Abell, a lawyer in Lexington, Kentucky, represents individual employees subjected to sexual harassment and discrimination in their jobs.
Source: Annapolis Capital
Pregnant Police Officer Wins Discrimination Case -- Kentucky Discrimination Lawyer
A pregnant police officer has won her lawsuit claiming that she was discriminated against based on her female sex when the police department refused to assign her to light duty when she became pregnant. The police officer, Tara Germain, was given the choice of working through her pregnancy or taking unpaid leave. The jury found that the police officer was discriminated against based on her gender by the denial of a light duty assignment, because it disproportionally impacted women and did not have a rational business justification. The jury also found that the police department's refusal to allow the officer's husband to donate accrued leave time to her was retaliatory.Source: Newsday
Labels: retaliation sex discrimination
Race Discrimination Suit Settled By Starbucks for $120,000 - Kentucky Discrimination Lawyer
A race discrimination and retaliation suit against Starbucks has been settled for $120,000. The employee, a network engineer, claimed that he was subjected to racist treatment and comments by co-workers, reported the incidents to his supervisor and in retaliation had his workload increased and was given additional undesirable assignments.Source: Seattle Times
$3 Million Retaliation Verdict - Kentucky Employment Lawyer
A federal court jury in Denver last week returned a $3 million verdict for a discharged employee in a retaliation case.Jennifer McInerney was a 12 year employee for a United Airlines and a ramp supervisor. She experienced pregnancy complications, exhausted her sick leave, vacation leave and FMLA leave and then requested to go on unpaid leave, which United had allowed a number of male ramp supervisors to do. But McInerney's request was denied and when she could not return to work, she was fired.
McInerney sued claiming that she was fired in retaliation for her complaints of sex discrimination. The federal court jury agreed with her and returned a verdict in her favor of $3 million on her retaliation claim.
It is a violation of both federal and Kentucky state law for an employer to retaliate against an employee that has in good faith complained of or reported sex discrimination.
Source: San Francisco Examiner
Labels: retaliation sex discrimination
Police Discriminated Against Female Officer, Lawsuit Claims
A 45 year old, 21 year police veteran has filed a lawsuit claiming sex and age discrimination reports the Myrtle Beach Sun, "Myrtle Beach Police Officer Files Discrimination Suit." The suit arises from a typical litany of different treatment and opportunities afforded women in some occupations including retaliation for defending another female officer who complained of sexual harassment, being passed over for promotion despite superior qualifications, a demotion and further retaliation after filing a charge with the EEOC.Sexual Harassment Victim Awarded $5.8 Million By Jury
A victim of sexual harassment in her employment has been awarded nearly $6 million by a federal jury reports the Birmingham News, "Jury Rules Against Hyundai." The victim, Tammy Edwards, was subjected to lewd comments and gestures by her supervisor and, on one occasion, he pressed his body against her while propositioning her. When she reported her supervisor's misconduct to another manager, she was told to get used to it. Her report to upper management was met with retaliation and she was placed in a job she could not physically perform and forced to take medical leave.The jury awarded $795,000 in compensatory damages and $5 million in punitive damages, including $10,000 in punitive damages against the supervisor.
Labels: retaliation sexual harassment
Whistleblowers
Nurses Fired After Reporting Doctor's Substandard Care Settle Wrongful Termination Cases for $750,000
Two nurses who reported a doctor's substandard care and then were fired in retaliation have settled their wrongful termination lawsuits for $750,000. If you have suffered retaliation for whistleblowing, contact Lexington, Kentucky whistleblower lawyer Robert Abell at 859-254-7076.Whistleblower Sues Sheriff for Wrongful Termination
A whistleblower has sued the Sheriff in Houston for wrongful termination. If you are a whistleblower and have been retaliated against, contact Lexington, Kentucky whistleblower lawyer Robert Abell at 859-254-7076.Safety Complaints Led to Firing, Whistleblower Claims
A whistleblower lawsuit against a barge company claims that the former employee's safety complaints led to his firing. If you are a whistleblower and have suffered retaliation, contact Lexington, Kentucky whistleblower lawyer Robert Abell at 859-254-7076.Insistence on Accurate Accounting Practices Led to Firing, Whistleblower Claims
A whistleblower claims that his insistence on accurate accounting practices by Tyco Electronics led to his firing in a lawsuit recently filed. If you are a whistleblower and have suffered retaliation, contact Lexington, Kentucky whistleblower lawyer Robert Abell at 859-254-7076.Whistleblower Suit by Former SEC Lawyer Settled for $755,000
If you are a whistleblower and you have suffered retaliation for whistleblowing, contact Lexington, Kentucky whistleblower lawyer Robert Abell at 859-254-7076.Whistleblower Who Reported Mayor's Alleged Wrongdoing to FBI Files Suit
Federal and Kentucky law offers protection against retaliation to whistleblowers in certain circumstances. If you are a whistleblower and have suffered retaliation as a result, contact Lexington, Kentucky whistleblower lawyer Robert Abell at 859-254-7076.Defense Contractor Whistleblower Files Wrongful Termination Suit
Whistleblowers protect the public by reporting wrongdoing, fraud and other misconduct. If you have been retaliated against because of whisteblowing, contact Lexington Kentucky whistleblower lawyer Robert Abell at 859-254-7076.Whistleblower Retaliation Suit Filed for Bank CFO
A whistleblower retaliation lawsuit on behalf of the former Chief Financial Officer (CFO) of Tennessee Commerce Bancorp has been filed on his behalf by the federal Department of Labor. The suit claims that the former CFO, George Fort, was fired two years ago after he raised concerns of possible accounting rules violations. Fort claims that he raised questions about internal controls, possible falsification of reports and regarding a large sale of stock by the bank's CEO shortly before shareholders were informed that three of the bank's Board of Directors were resigning in protest over large executive pay raises and bonuses. The suit seeks $1.5 million in back pay and benefits and Fort's reinstatement of his old job.
Source: The Tennesseean
If you are a whistlblower and have suffered retaliation, contact Lexington, Kentucky whistleblower lawyer Robert Abell at 859-254-7076.
Kentucky Employment Law Blog
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FAQs
Accidents
- What damages can be recovered if my spouse is killed in a car wreck?
- What is the Kentucky statute of limitations to file suit for injuries caused in an automobile accident?
- Can you recover damages for loss of a spouse's companionship because of injuries caused by another's negligence?
Insurance Claims
- Can you sue an insurance company for deceptive practices?
- Is it illegal for an insurance company to delay paying a claim?
- How long can an insurance company take to settle a claim in Kentucky?
Employment Law
- If I'm paid a salary does that mean I'm exempt from overtime?
- Does a job title determine whether an employee is exempt from overtime pay requirements?
- What employees meet the "admininsrative" exemption to the overtime pay requirement?
Workers' Compensation
- What is the average weekly wage for Kentucky workers compensation for 2009?
- If I am receiving Social Security retirement benefits and I am hurt on the job, for how long can I receive Kentucky workers compensation benefits?
Can I choose my own doctor to treat my work injury?
Disability Insurance
- My disability insurance company is the Hartford Life group and it has paid its medical evaluator, the University Disability Consortium, $13 million since 2002. Will the review of my claim for disability insurance benefits be fair and unbiased?
- What medical conditions are disabling?
- What does ERISA refer to?
Employee Benefits - ERISA
- What are the duties of a fiduciary of an employee pension plan?
- What is a fiduciary?
- What pension plans does ERISA cover?
Family Medical Leave Act - FMLA
Is medical leave due to pregnancy covered by the FMLA?
- Can my employer change my health insurance because I'm on FMLA leave?
- How can an employee prove that he or she suffered from a "serious health condition" that entitled her to leave under the FMLA?
Sex Discrimination
- What would constitute a hostile work environment based on sexual harassment?
- I am treated differently than my co-workers, who are five men and one woman. My boss treats the other woman in our group different than me but the same as the man. Does this mean that I cannot successfully claim sex discrimination?
Whistleblowers
- Can I be fired for reporting Medicare fraud?
- Do whistleblower laws protect a private company employee in Kentucky?
- What kind of disclosures or whistleblowing is covered by the Kentucky Whistleblower Act?