Category Archives: Government Workers

Jackson Memorial Hospital to Lay Off 4,500 Workers by Early May

March 7th, 2010

The Miami Herald has excellent coverage of Jackson Memorial Hospital’s decision to lay off 4,500 employees by early May as part of major cost-cutting moves. The struggling Miami-based hospital, which is technically owned by Miami-Dade County, is also closing two hospitals — JMH North and JMH South.
Some of the employees are unionized (mostly through SEIU) and many are not. It is unclear how JMH will decide who to terminate. Employed by the Public Health Trust? Are you in danger of being downsized? Contact an experienced employment attorney as soon as possible to learn and protect your rights.

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Eleventh Circuit Affirms Jury Verdict and Injunction Against Alabama Dep’t of Transportation

February 23rd, 2010

highway worker.jpgIn a lengthy, 53 page opinion, the Atlanta-based Eleventh Circuit Court of Appeals affirmed, in large part, a jury verdict against the Alabama Department of Transportation. The plaintiff, a black employee, alleged that she was repeatedly denied various promotions on account of her race. The jury agreed and the court agreed with the jury on several, not not all of the claims. What makes the case so interesting is that the court went to great lengths to explain the history of racism in Alabama state agencies and that black state employees are still feeling the lingering effects of decades old bigotry.
The court also affirmed the trial court’s granting of injunctive relief — i.e., the plaintiff was reinstated to a sufficiently senior position that would compensate her for the years of lost promotions. Public employees, unlike private employees, are likely to be reinstated or promoted by court order.
The opinion is here:
Opinion
Do you work for Florida, Miami-Dade County, the City of West Palm Beach? Contact an employment lawyer experienced with suing state agencies.

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MasTech Settles with DOJ in USERRA Lawsuit on behalf of Army Reservist

February 5th, 2010

Reserve.jpgFederal and state law protect against discrimination in the workplace against members of the United States active armed forces, the reserves and the national guard. If you’re contemplating joining the active military or the reserves, you need to know that in most cases your employer cannot discriminate or retaliate against you for your honorable decision. Employers cannot refuse to hire a reservist because reserve training would interfere with the workplace.
With hundreds of thousands of active, reserve and guard members called to active service to fight in Iraq and Afganistan (and to help in Haiti), it is no wonder why USERRA lawsuits are on the rise. This past week the U.S. Department of Justice settled a lawsuit with prestigious technology company MasTec. According to the press release, MasTec promoted another employee to a position held by an Army reservist while the Army reservist was in active military service. This is illegal — a member of the military has a right to the same or equivalent position when he or she returns to work from active military duty.
Most USERRA claims go unresolved because many members of the armed forces are unaware of their USERRA rights, are too embarrased or stubborn to do anything about it, or the financial damages are too low for many lawyers to take on the case. The MasTec settlement, worth about $6,000, is a perfect example of a case where liability is clear, but the money is small. (And the Blog commends the DOJ for taking the case!) Contact an experienced USERRA lawyer before you leave for active duty and before your employer has an opportunity to terminate or threaten you. Prevention is the best medicine to avoiding a USERRA problem.

Posted in Government Workers, Military - USERRA, Retaliation | Comments Off