News and Alerts

City’s Winning Defense: PPD Sergeant was Undeserving and Disliked

A federal court in Rhode Island recently rejected a sergeant’s claim that the Providence Police Department’s (PPD) failure to promote him to lieutenant was illegally based on disability discrimination. The court found the employment decision was based in part on the chief of police’s conclusion that the sergeant was undeserving of the promotion and wasn’t well liked by his colleagues, which were legitimate reasons not to promote him.

Blowing A Whistle But Making No Sound: RN Did Not Report Illegal Acts

Joanne Chagnon was a registered nurse at Lifespan’s Miriam Hospital in Providence. She began working at the hospital in 1991 and was promoted four times. Her last review, in December 2014, was positive. As of February 2015, she supervised other nurses in two settings, a cardiovascular procedural care and endoscopy unit (PCU) and the cardiac catheterization and EP laboratory (cath lab).

Whelan Corrente Secures Victory in False Claims Act Case

The U.S. 1st Circuit Court of Appeals (whose rulings apply to all Rhode Island employers) recently affirmed summary judgment (dismissal without a trial) in favor of an employer on a claim that it failed to accommodate an employee’s disability in violation of the Americans with Disabilities Act (ADA).

Ignorance is an excuse . . . against alleged FMLA retaliation

The Rhode Island federal court recently held that a buyer of an employer’s assets can be liable for the seller’s violations of federal and state wage laws, even if the buyer is a separate entity with distinct management and ownership from that of the seller. If the buyer continues the seller’s business operations, it should conduct careful due diligence and confirm that the seller will have sufficient assets after the sale to satisfy any lingering debts.

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