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When an Employer Can Be Liable for Unpaid Work Hours Punch in. Work. Punch out. Lunch. Punch in. Work. Punch out. Go home. The time clock is supposed to draw a clean line between an employee’s time and the employer’s time, then send the work side of that line to...
When Going Pro Se Together Just Means Losing With Company We have preached before about the dangers of an employee handling an employment discrimination or wrongful termination case by going it alone. Apparently, two employees thought they found a loophole to avoid...
Race Discrimination Does Not Become Legal With A Do-Over Proving employment discrimination can be hard. An employee rarely gets an email from the employer announcing, “We made this hiring decision because of your race.” Employment lawyers usually have to prove...
Why Breaking A Workplace Rule Does Not Defeat Race Discrimination Here is a bad fact for an employee asserting a claim of race discrimination: your employer had a rule, you broke it, and the rule allowed you to be fired. Is your wrongful termination over? Not when...
Why A $20 Million Jury Verdict Became Just $2 Million You see the headline: Jury awards employee $20 million for race discrimination. Wow. Twenty million dollars. Generational money. Time to pick the color of the Lamborghini. Not so fast. After the verdict, a...
How Coercion And Forced Labor Claims Work Under Federal Law Many workers come to the United States legally on a visa for a simple reason: work hard, earn money, and support their families back home. That opportunity should not become a weapon in an employer’s hands....
Why Discovery Can Feel Invasive But Still Be Required Sue your employer for race/color discrimination, sexual harassment, or age discrimination, and something deeply annoying happens: the employer gets to investigate you. Documents. Written questions. Witnesses. A...
Why Employment Relationships Matter In Discrimination Cases Title VII of the Civil Rights Act of 1964 is an employment discrimination law. The word employment is doing some serious work in that sentence. If you sue a defendant for Title VII discrimination, you...
How Essential Job Functions Control Accommodation Rights You follow policy and tell HR that you need an accommodation for your disability in order to do your job safely, and specifically, that you would like to work from home. Your employer says you cannot work...
How The ADA Direct-Threat Defense Can Defeat A Disability Claim Not every limit posed on a disabled worker is disability discrimination. Common sense tells us that certain disabilities can prevent some people from safely performing certain jobs. At the extreme, a...
How Changing Explanations Prove Workplace Discrimination And Retaliation Our wrongful termination attorneys see it all the time. The boss or manager tells an employee they are fired for one reason. Then the employer puts that reason in writing, and suddenly the...
How Employees Can Prove Disability Discrimination And FMLA Retaliation When an employer gets sued for employment discrimination, wrongful termination, or retaliation, they all seem to know the same song: “performance.” They play it loudly. They play it repeatedly....
Why The ADA May Require Reassignment Instead Of Leave Some employers have a simple solution when an employee needs a disability accommodation: keep the employee off the payroll instead. No termination. No reassignment. Just unpaid leave that stretches from weeks into...
When A Reduction In Force Is Legal—And When It Is Wrongful Termination FMLA. Medical leave. Layoff. Few words create more panic for an employee than hearing, “Your position has been eliminated,” while still on protected medical leave. It feels like wrongful...
Why Claiming Disability Discrimination Will Not Block Termination For Theft Many disability discrimination and wrongful termination cases involve the sufficiency of a doctor’s note, missing medical documentation, or disagreements over the interactive process between...
Why Ineffective Accommodations May Violate The ADA A disability accommodation that doesn’t accommodate isn’t an accommodation. It’s just activity disguised as compliance. Americans with Disabilities Act (“ADA”) is not satisfied simply because an employer does...