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Post-Termination Retaliation Now Actionable

Fall 1996

Our Labor & Employment Practice Group would be happy to assist you with any questions relating to this article.

Re-characterizing a 1991 and a 1995 decision, the Court of Appeals for the Seventh Circuit concluded that employers can face liability for retaliation from former employees where the retaliation has "a nexus" to the prior employment. In Veprinsky v. Fluor Daniel, Inc., 87 F.3d 881 (7th Cir. 1996), the former employee's claim that the employer retaliated by disclosing false information to a prospective employer was reinstated by the court of appeals. This decision marks a rejection by the court of earlier language foreclosing such post-termination retaliation claims.

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