Skip to main content

Nichols v. First Data Corporation

D. Neb.November 27, 2019No. 8:19-cv-00035
DismissedJones Lang LaSalle Americas, Inc. and First Data Corporation
Facing something similar at work?Check your rights — free, private, no sign-up

Case Details

Nature of Suit — the legal category of the dispute
442 Civil Rights: Jobs
Status — whether other courts must follow this ruling
Unknown
Procedural Posture — the stage the case had reached
motion to dismiss

Related Laws

No specific laws identified for this ruling.

Claim Types

Retaliation

Outcome

The court granted JLL's motion to dismiss, finding that the plaintiff failed to plausibly plead joint employment between JLL and First Data, which is required to state a retaliation claim under Title VII and Nebraska's Fair Employment Practice Act for third-party reprisal.

What This Ruling Means

Nichols v. First Data Corporation - Plain English Summary

What Happened

A worker filed a retaliation complaint against two companies: First Data Corporation and Jones Lang LaSalle Americas (JLL). The worker claimed they experienced retaliation after reporting a problem, likely related to protected activity. To hold both companies responsible, the worker needed to show they both employed them or worked together as joint employers.

What the Court Decided

The court dismissed the case, agreeing with JLL's request to throw it out. The judge found that the worker did not provide enough evidence that JLL and First Data actually shared employer responsibilities. Without proving joint employment, the retaliation claim could not move forward under federal civil rights law and Nebraska's fair employment rules.

Why This Matters for Workers

This case shows that when workers face retaliation from multiple companies, they must clearly demonstrate those companies jointly controlled their employment. Simply working for or through multiple companies isn't enough—workers need concrete evidence the companies acted together as employers. This can make it harder for temporary workers or contractors to win retaliation cases involving multiple organizations.

This summary was generated to explain the ruling in plain English and is not legal advice.

Browse more:Retaliation cases

More Rulings in This Case

Other orders and opinions in Nichols from the same court.

Browse Related

Facing something similar at work?

Court rulings like this one are useful, but every situation is different. Take 3 minutes to see which laws may protect you — it's free, private, and no account is required to start.

This ruling information is sourced from public court records via CourtListener.com. Case outcomes, claim types, and summaries are extracted using AI analysis and may be incomplete or inaccurate. It is provided for informational and educational purposes only and does not constitute legal advice.

See something wrong, or named in this ruling and want it corrected or redacted? Request a correction.