Tuesday, December 18, 2012

Sixth Circuit -- Jeff Dye v. Office of the Racing Comm'n


Employer's discontinuance of banked-time payroll system is sufficient threat for a 1A retaliation claim.

Time lapse of two months is sufficient to prove causation.  Two years is per se not.

Trial court erred in granting SJ for deft, as jury could have found liability on 1A claim.

District Court erred in denying claim based on the fact that petitioner did not actually profess allegiance to the party in question - it suffices that the employer thought that he did.

Concur/dissent: No, it doesn't.


Jeff Dye v. Office of the Racing Comm'n
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.