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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...
Why Signing A 1099 Independent Contractor Agreement May Not Eliminate Your Right To Overtime Pay Getting a job is important. For every employee, getting paid fairly by an employer is essential. The paycheck pays the mortgage, keeps the lights on, puts food on the...
Why Employment Law Doesn’t Protect You From A Jerk Boss—But Title VII Protects You From Discrimination We’ve all known that boss or manager. The one who walks into the office and everyone’s mood instantly changes. The one who criticizes your work in front...
Why Title VII Does Not Require Employees To Get Therapy Or “Get Over It” We’ve all been told to “get over it.” Not getting invited to lunch. Being left off an email. Losing out on a promotion. Having a coworker make an insensitive comment. Life is full of...
When Race Discrimination Complaints Are Protected Affirmative action has become one of the most controversial issues in employment law for employee’s rights lawyers. Giving qualified people opportunities they have earned—whether they are Black, White, male, female, or...
Why Reporting Workplace Harassment To HR Matters Not every disgusting comment, sexual advance, threat, or act of workplace harassment automatically creates a winning sexual harassment claim against the employer. That does not mean employees should stay silent. It...
Why Pro Se Employees Almost Always Lose Many employees believe that if they were wrongfully fired, faced employment discrimination at work, retaliated against by a mean boss or manager, or simply treated unfairly, they can sue their employer on their own...
Why Sexual Harassment Claims Can Lead To Real Damages Nobody should have to play defense with their own body at work. Not in a restaurant kitchen. Not while trying to prep food, run a station, keep orders moving, and earn a paycheck. Not while a coworker treats the...
What Termination Letters Can And Cannot Prove Getting fired is hard. Maybe the boss sits you down. Maybe HR hands you a letter. Maybe your badge stops working before anyone has the decency to look you in the eye. However it happens, the first question that crosses...
When Extraordinary Circumstances Delay A Wrongful Termination Claim “Everyone’s heard the famous U.S. Postal Service motto: ‘Neither snow, nor rain, nor heat, nor gloom of night stays these couriers from the swift completion of their appointed rounds.’ But that...