U.S. Supreme Court Holds that Arbitration Agreements are Not Above Contract Law
Maine Employment Lawyer Blog
by Maine Employee Rights Group
1y ago
Agreeing to “terms and conditions” of participation has become a near-daily occurrence in the modern world. We communicate assent to terms and conditions when we sign the lease for a new apartment, order food from a delivery site, and click a box stating “I agree to the terms and conditions” when visiting many websites. The list goes on. One place where terms and conditions are especially prevalent is when people start new jobs. Often, mandatory arbitration clauses are hidden in the stack of paper that employees are required to sign at the outset of employment.  Employees are rarely provi ..read more
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Employee Rights Group Client Prevails in Retaliation Claim
Maine Employment Lawyer Blog
by Maine Employee Rights Group
2y ago
On April 20, 2022, the United States District Court for the District of Maine entered a Judgment in favor of Erin Papkee and against her former employer MECAP d/b/a Milk Street Capital, a real estate investment company in Portland, Maine, and Scott Lalumiere, the primary shareholder and manager of MECAP. Leading to this Judgment, on February 18, 2022, the Court granted the majority of Plaintiff’s Motion for Summary Judgement and concluded that MECAP and Lalumiere violated the plaintiff’s rights under both the Maine Whistleblowers’ Protection Act (MWPA), 26 M.R.S. §§831 et seq., as enforced thr ..read more
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Court Finds Employer Guilty of Retaliation Against Employee For Reporting Illegal and Unsafe Vehicles
Maine Employment Lawyer Blog
by Maine Employee Rights Group
2y ago
On January 21, 2022, the Maine Business and Consumer Court entered a Judgment in favor of Anthony Nadeau and against his former employer T.R. Sign Design, Inc. a sign fabrication and installation company in Portland, Maine.  The Court concluded that T.R. Sign Design violated the plaintiff’s rights under the  Maine Whistleblowers’ Protection Act (MWPA), 26 M.R.S. §§831 et seq., as enforced through the Maine Human Rights Act (MHRA), 5 M.R.S. §§ 4551 et seq.  These statutes prohibit retaliation against employees who make reports to their employer or a government entity in good fait ..read more
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Court Orders Employer to Produce Notes Made by Employee During Employment
Maine Employment Lawyer Blog
by Maine Employee Rights Group
2y ago
It is not uncommon for an employee experiencing whistleblower retaliation or discrimination to audio record the employer’s managers, supervisors, and co-workers for later use in a lawsuit against the employer. Employers will naturally request those recordings during the discovery process. Fortunately, Maine courts have long recognized that an employee may obtain a court order allowing the employee to withhold audio recordings of employer witnesses until after the employee’s counsel has taken the deposition of the recorded employer witness. This is known as the Manske Order, based on the case o ..read more
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$867,000 Verdict Upheld by Maine Federal Court
Maine Employment Lawyer Blog
by Maine Employee Rights Group
2y ago
Can an employer waive the statutory limitation on liability provisions of the American with Disabilities Act (ADA) and Maine Human Rights Act (MHRA) which limits the amount an employee can recover in a lawsuit for disability discrimination?  Put more simply, can a damages cap be waived? The Federal District Court, District of Maine answered that question in the affirmative. Damages caps can be waived if the employer fails to plead them as an affirmative defense. On March 15, 2022, in the case Brian Bell v. O’Reilly Auto Parts, LLC., the Court denied Defendant’s Motion to Reduce the Jury’s ..read more
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First Circuit orders new trial for MERG client in disability discrimination case against O’Reilly Auto
Maine Employment Lawyer Blog
by Maine Employee Rights Group
3y ago
Yesterday, the First Circuit ruled in favor of the Maine Employee Rights Group’s (MERG) client Brian Bell in a disability discrimination case.  MERG attorney Allan Townsend argued to the First Circuit that the trial judge gave an erroneous jury instruction during the trial and the First Circuit agreed.  As a result, there will be a new trial in this case against O’Reilly Auto. The trial judge gave the erroneous jury instruction when he instructed the jury on Mr. Bell’s failure-to-accommodate claim.  Both federal and state law require employers to provide disabled employees with ..read more
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MERG persuades federal court to reject employer’s attempt to make it harder to pursue employment discrimination lawsuits
Maine Employment Lawyer Blog
by Maine Employee Rights Group
3y ago
The U.S. District Court of Maine has denied a motion filed by national employment defense firm Littler Mendelson in which Littler attempted to persuade the court to make it more difficult for workers to bring discrimination lawsuits.  The case involves allegations that Modula, Inc. discriminated against the Maine Employee Rights Group’s (MERG) client on the basis of her sex and age and also that it retaliated against her for opposing the company’s discrimination.  Littler argued that the Court should dismiss the sex and age discrimination claims because the allegations in the Complai ..read more
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Watch out for hiring discrimination by Hannaford and other employers
Maine Employment Lawyer Blog
by Maine Employee Rights Group
4y ago
State and Federal laws prohibit discrimination in hiring. Illegal discrimination occurs when an employer fails to hire due to a job applicant’s age, race, national origin, religion, gender, sexual orientation, disabilities, and other protected traits. Discrimination during the hiring process can often be subtle or overlooked.  Employees should be concerned if asked questions that relate to classes protected by discrimination laws. Questions about an applicant’s disabilities, medical information, or use of medical leave may reflect discriminatory motives. If an employer asks about any medi ..read more
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NLRB finds Maine Coast Memorial Hospital and Northern Light violated employee’s rights under the National Labor Relations Act
Maine Employment Lawyer Blog
by Maine Employee Rights Group
4y ago
On March 30, 2020 the  National Labor Relations Board (“NLRB”) affirmed the conclusion of a NLRB Administrative Law Judge that Maine Coast Memorial Hospital (“MCMH”) discriminated against Karen Jo Young in violation of the National Labor Relations Act (“NLRA”) when it terminated her for writing a letter to the editor of the Ellsworth American “discussing staffing shortages at the hospital and the impact on her and her coworkers’ working conditions, and expressing support for the Ellsworth nurses’ union’s efforts to improve staffing levels.”  The NLRB’s three member board found, unanimously, th ..read more
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Time’s Up on Sexual Harassment in the Restaurant Industry
Maine Employment Lawyer Blog
by Maine Employee Rights Group
5y ago
Sexual Harassment is a major problem in the restaurant industry. According to a recent study, as many as 90% of women and 70% of men working in the Restaurant industry have experienced some form of sexual harassment. In the U.S., more sexual harassment claims are filed in the restaurant industry than in any other. Harassment of service workers by managers, coworkers, and, even, customers is insidious and rampant. A new legal defense group, called TIME’S UP, has taken aim at this pervasive problem and is standing up to one of the world’s most recognizable restaurant brands – McDonald’s. Formed ..read more
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