Here, the court addressed the issue as to whether a job applicant was discriminated against due to the applicant’s obesity. In this case, the job applicant applied for a position with the employer and was rejected due to her obese weight. The medical profession considers a person morbidly obese if the individual weighs either more […]
Archive for Employees
Employee Discrimination: Failure to Promote
Discrimination Suit awards five-years wages to employee for wrongful discrimination against employee. Here, an employee of Peoples National Bank of Washington prevailed in a discrimination action against the bank for failure to promote the employee. The employee was a Cambodian born and highly educated individual. The employee had special training in speaking English, served in the U.S. […]
Constructive Discharge: Credit Union Violates Employee’s Rights
Minneapolis Telco Credit Union violated employee rights with “constructive discharge” in violation of Credit Union Employee’s Civil Rights. In this case the appellate court affirmed a determination of the Commission of Civil Rights, finding that Minneapolis Telco Credit Union [Telco] violated its employee’s civil rights. Here, Deborah Witherspoon was employed at Telco when she learned that she had […]
Credit Union Board-Member Suit Dismissed
Court dismissed a suit brought in this action against a credit union for discharging its President and CEO. In this case, Nevada Federal Credit Union held a regularly scheduled meeting and voted 5-2 not to renew the employment contract of Robert Street, its then President and CEO. After obtaining legal advice, a second meeting was […]
Garnishment & Wage Assignment
An Illinois Court held wage assignment, unlike a garnishment on debtor’s wages, unconditionally vested creditor’s rights. In this case, the debtor sought a return of $546.93 that had been withheld from his wages pursuant to a voluntary wage assignment and paid to Mercury Finance Co. (“creditor”) prior to his filing a Chapter 13 bankruptcy. Here, debtor’s […]
College Graduate Age Discrimination Suit
In this case, the court addressed the issue as to whether a bank’s policy of refusing to hire college graduates violated the law prohibiting discrimination based on age. Here, Sol Stein was 58 years old and a college graduate. The bank had a policy not to hire college graduates for certain positions. Mr. Stein applied […]
Garnishment Protection Lifted At Deposit
In some states, a debtor’s wages are generally not subject to garnishment. Here, however, debtor’s wages were directly deposited into the debtor’s account at I.B.M. Employees Southwest Federal Credit Union. A judgment creditor thereafter garnished debtor’s account at the credit union and debtor brought an action to dissolve the garnishment, arguing that the funds in […]
Credit Union Employee’s Post-Traumatic Workers Compensation Claim Denied
Here, a 34 year old credit union loan officer submitted a Workers’ Compensation claim against her employer credit union for post-traumatic stress disorder. The claim was denied and on appeal the credit union prevailed. The Court of Appeals of Oregon found the credit union employee had been exposed to an armed robbery at another credit union […]
Credit Union Employee: Failure-to-Promote
Here, a Federal Court granted the credit union’s motion for summary judgment and dismissed Plaintiff’s claim that the credit union had discriminated against her by failing to promote her to a higher position. This case had traveled extensively throughout various federal courts and was previously sent back to this court from the U.S. Supreme Court. In […]
Garnishment Funds: Property of Bankruptcy Estate
In this case, a creditor obtained a state court judgment against Dodds and garnished her wages. The garnishment was issued by the state court prior to debtor’s filing bankruptcy. In addition, the garnishment was served and debtor’s employer withheld $214.78 from her wages. Eleven days after the funds were withheld from debtor’s paycheck, Dodds filed […]