At Spitz, The Employee’s Law Firm, our attorneys constantly hear questions from potential clients asking how they could have been fired when they have received only excellent performance reviews and have no history of discipline at their jobs. Today, we are going to...
Results for "pretext"
Employment Discrimination Question: What Is Pretext?
In most of the cases our firm’s employment attorneys handle, the issue of pretext plays a central role. Employees and regular people don’t use the word pretext. It is one of those legal jargon words. What does pretext mean? First, in plain English: “My boss lied...
Yes, You Can Be Fired For Serious Safety Violations
Today, our employment discrimination lawyers delve further into the concept of pretext – which is the employee’s burden to show that the employer’s stated reason for termination is false or did not really motivate the employer’s decision. We do so by looking at the...
Title VII Doesn’t Protect Against All Retaliation
In the legal arena, where reality often rivals fiction in its twists and turns, the case of Collins v. Kansas City Missouri Pub. Sch. Dist. serves as a reminder that employment discrimination law isn’t always black and white. Meet Albert Collins, a dedicated employee...
Yes, You Can Be Denied A Promotion If You Refuse To Move To Where The Job Is Located
Imagine this scenario: You’ve put in years of hard work and dedication, mastering your role, and striving for that coveted promotion. You believe you deserve it, you’ve earned it, and yet, it slips through your fingers. Your mind races, searching for answers, and...
Discriminatory Failure To Promote Claim Relies On Being A Markedly Superior Candidate
Title VII of the Civil Rights Act of 1964 is a federal law that prohibits employment based on race/color, religion, gender, gender identity, sexual orientation, and national origin. When it comes to failure to promote claims under Title VII, if an employer asserts...
Yes, You Can Be Fired For Not Reporting Your Boss’s Sexual Harassment
The Complex Interaction of Silence and Consequences in the Workplace Many employees work for a boss, manager, or supervisor who treats them well and has given them opportunities to succeed. That type of leadership instills a willingness to work hard and produce...
Yes, You Can Be Fired For Refusing To Work: The Tale of Rutledge’s Morning Standoff
Welcome, dear readers, to a compelling discussion in the world of employment law. Today, our disability discrimination and FMLA attorneys delve into the intriguing case of Rutledge v. Board of County Commissioners of Johnson County, Kansas, where an employee’s refusal...
Reductions In Force and Employer Liability Under Title VII, ADEA, and ADA
Unfortunately, in today’s economy, businesses are having financial issues. According to the Wall Street Journal, recession fears has prompted Facebook parent Meta, Alphabet, Microsoft and Goldman Sachs to cut employees. CNN further reports that companies such as...
USERRA Prevents Retaliation Against Employees For Asserting Rights Under The Statute
Johannes Claus worked for the Canyon County’s Public Defenders office. Under a new policy, pay for this job was based on years of criminal law experience. Canyon Count decreased Claus’s years of service – and thus, his pay – because he had not been practicing criminal...