United States Seventh Circuit

Petition for review of the Department of Labor's dismissal of plaintiff's employment retaliation claim is denied where substantive evidence supported an ALJ's finding that plaintiff failed to sustain the burden of proving that her protected activity was a contributing factor in her termination, as her employer refused plaintiff's attempt to rescind her resignation because the company was unhappy with her substandard performance and not in retaliation for filing a safety complaint.

Appellate Information

• Argued 11/04/2008
• Decided 07/30/2009
• Published 07/30/2009

Judges

• TINDER, Circuit Judge., Before POSNER, WOOD, and TINDER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• John P. Madden (argued), O'Malley & Madden, Chicago, IL, for Petitioner.


• For Appellees:
  
• Joan Brenner (argued), Department of Labor, Office of the Solicitor, Washington, DC, for Respondent., Donn C. Meindertsma (argued), Conner & Winter, LLP, Washington, DC, for Intervening Respondent.