On May 24, 2010, a Cumberland County Superior Court jury awarded Michael Afthim $1,015,000 in damages in connection with Mr. Afthim’s lawsuit against his former employer, Alternative Labor Resources (“ALR”) for violating Mr. Afthim’s rights under the Maine Whistleblowers’ Protection Act and defamation. Mr. Afthim was a superintendent employed by…
Maine Employment Lawyer Blog
United States District Court Judge Holds that Employee’s 2005 Age Discrimination Claim is Timely
On April 4, 2010, Maine United States District Court Judge John A. Woodcock, Jr. concluded that claims of age discrimination in hiring brought by plaintiff Glenn Duckworth in connection with the failure of Mid State Machine to hire Duckworth in 2005 for an open position were timely even though the…
Effort to Protect Sick Workers in Maine Fails
The Maine legislature recently failed to pass legislation that would have protected Maine workers who could not come to work because they were sick. Initially, the proponents of the legislation wanted to pass a law that would require employers to provide paid sick leave. When they could not garner enough…
Maine Senators Express Concern Over Pro-Labor Policy for Government Contractors
The Obama administration is considering a policy called the “High Road Contracting Policy.” This policy would give employers that treat their employees better than the law requires an advantage when they compete for federal contracts. It is reported that this policy would advantage contractors that provide hourly workers with a…
Are You a Maine Truck Driver Who Was Fired for Refusing to Operate Illegally?
There are federal and state laws that protect truck drivers in Maine who refuse to operate illegally. For instance, if you have refused to drive longer than the DOT allows, refused to doctor your logbook, refused to drive an unsafe truck, or complained about violations of DOT regulations, the law…
President Signs Bill Guaranteeing Day in Court for Defense Contractors’ Employees Subjected to Harassment and Discrimination on the Basis of Sex, Race, Color, National Origin, or Religion
On December 19, 2009, President Obama signed the Defense Appropriations bill into law. The bill included an amendment added by Minnesota Senator Al Franken and referred to as the “Franken Amendment” that precludes employers who enter into contracts with the Department of Defense from entering into pre-dispute “agreements” with their…
Mainers Paying for COBRA Insurance Will Benefit from Extension of Subsidy
When an employer involuntarily terminates an employee, the employee is eligible for COBRA benefits. Under COBRA, a federal law, an employee who faces involuntary termination can pay out of his own pocket to continue his or her health insurance. This is usually too expensive for employees who just lost a…
Newspaper Reporter in Maine Fired for Anti-Gay Marriage Email
According to various news sources, the Morning Sentinel, a newspaper in Waterville, Maine, fired reporter Larry Grard on November 10, 2009. Mr. Grard claims that the Morning Sentinel fired him because he sent an email to the Human Rights Campaign. He sent the email just after Maine voters repealed Maine’s…
Genetic Information Non-Discrimination Act (GINA) Becomes Effective
On November 21, 2009 the federal Genetic Information Non-Discrimination Act (GINA) became effective. Under this new law, subject to a handful of exceptions, employers may not gather genetic information about their employees. Genetic information includes an employee’s family medical history. The law also forbids employers from discriminating against employees on…
Amendments to Family and Medical Leave Act Help Military Families
In late October, President Obama signed into law new protections for families of military personnel who need to take leave from work under the Family and Medical Leave Act of 1993 (“FMLA”). The new protections expand on changes implemented less than a year ago which required certain employers to provide…