John F. Fullerton, III, Member of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s New York office, was quoted in the Bloomberg BNA Daily Labor Report, in “Citi Gets Only Part of Ex-Employee’s Suit Sent to Arbitration,” by Jennifer Bennett and Erin Mulvaney. (Read the full version – subscription required.)
Following is an excerpt:
The Third Circuit’s opinion doesn’t answer the question of retroactivity but rather delves into which handbook provision to apply, Epstein Becker Green attorney John F. Fullerton said. Fullerton, who represents employers in whistleblower cases, said such disputes are rare, and the courts have come to different conclusions since the changes to the law in 2010.
“The statute is silent on whether it should be applied retroactively,” Fullerton said of the Dodd-Frank amendment to whistleblower retaliation claims. “This is why it was so important in the Citigroup case to determine if it was the 2009 or 2011 handbook agreement that applied.”