Legal Research

Workers Protected from Retaliation for Oral Complaints

By DEL

Last week the U.S. Supreme Court ruled that workers are protected from retaliation when they make oral complaints about labor law violations, but do not formalize them with a written complaint. The case was Kasten v. Saint-Gobain Performance Plastics Corp. To see the decision go to http://www.supremecourt.gov/opinions/10pdf/09-834.pdf

Justice Antonin Scalia joined by Justice Clarence Thomas dissented arguing that the plain meaning of the statute should be used.  Justice Scalia wrote ?While the jurisprudence of this court has sometimes sanctioned a ?living Constitution, it has never approved a living United States Code.?  For more commentary, briefs, and court documents go to, http://www.scotusblog.com/case-files/cases/kasten-v-saint-gobain-performance-plastics-corp/ [DEL]

Full post as published by Cocky Law Blawg on March 28, 2011 (boomark / email).