It is claimed that this case radically changed the standard regarding what constitutes a "materially adverse action".
Settling these additional disputes "could have a materially adverse impact on earnings," Sundstrand said.
The Sixth Circuit and the eight others applied a test requiring a "materially adverse change in the terms of employment."
There are occasionally legal issues surrounding the admissibility of facts in a victim impact statement that are materially adverse to an offender.
The difference is critical, if the lawsuit proceeds, because courts have generally held that temporary problems are not "materially adverse" events that would justify a company's walking away from a contract.
Laidlaw's filings with the Securities and Exchange Commission warn that any pension contributions "could have a materially adverse effect on the financial condition of Greyhound."
Courts have held a very high standard for what represents a materially adverse change.
The matter may turn on the definition of "materially adverse" events that would justify a company's walking away from a contract.
There must be a "materially adverse change in the terms, conditions or privileges of employment," the solicitor general's office told the court.
The court defined retaliation broadly as any "materially adverse" employment action that "might have dissuaded a reasonable worker" from making the complaint.