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Age Discrimination

How Do I Prove Pretext For My Wrongful Termination?

by | Aug 17, 2022 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Family Medical Leave Claims, Federal Law Update, Gender Discrimination, LGBTQ Discrimination, National Origin Discrimination, Pregnancy Discrimination & Maternity Rights, Race Discrimination, Religious Discrimination, Retaliation, Whistleblower Claims, Workers' Compensation Retaliation, Wrongful Termination

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...

Can I Avoid Poor Performance Discipline By Reporting Discrimination?

by | Aug 16, 2022 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Family Medical Leave Claims, Federal Law Update, Gender Discrimination, LGBTQ Discrimination, National Origin Discrimination, Race Discrimination, Religious Discrimination, Retaliation, Wrongful Termination

Most employers are not going to tell an employee that they are being written up or wrongfully fired because he or she reported race/color, religion, age discrimination or because the employee opposed sexual harassment. (Best Law Read: What Are Examples Of Unlawful...

Can My Employer Discredit My Claims By Using Alleged Criminal Activity Of Which I Was Never Convicted?

by Patricia Brandt | Aug 12, 2022 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Equal Pay Act Claims, Family Medical Leave Claims, Federal Law Update, Gender Discrimination, LGBTQ Discrimination, Military Status Discrimination, National Origin Discrimination, Non-Competition Disputes, Pregnancy Discrimination & Maternity Rights, Race Discrimination, Religious Discrimination, Retaliation, Sales Commission Disputes, Sexual Harassment, Wage: Minimum Wage, Wage: Overtime, Wage: Tipped Employees, Whistleblower Claims, Workers' Compensation Retaliation, Wrongful Termination

The short answer is it depends. There are very limited circumstances where such evidence can be used, and your employer would be the burden of convincing the court that such evidence of prior bad acts falls through that narrow window. Whether the court will allow such...

Why Having Skilled Employment Attorneys Is Critical

by | Aug 10, 2022 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Equal Pay Act Claims, Family Medical Leave Claims, Federal Law Update, Gender Discrimination, LGBTQ Discrimination, Military Status Discrimination, National Origin Discrimination, Non-Competition Disputes, Pregnancy Discrimination & Maternity Rights, Race Discrimination, Religious Discrimination, Retaliation, Sales Commission Disputes, Sexual Harassment, Wage: Minimum Wage, Wage: Overtime, Wage: Tipped Employees, Whistleblower Claims, Workers' Compensation Retaliation, Wrongful Termination

Readers of this blog know just how complex the world of employment law can be. Today, we review a case out of the U.S. District Court for the Northern District of California that shows why it is so critically important that you seek out an experienced employment law...

How Many Insults Equals Constructive Discharge?

On Behalf of Spitz, The Employee’s Law Firm | Aug 9, 2022 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Firm News, Gender Discrimination, LGBTQ Discrimination, Military Status Discrimination, National Origin Discrimination, Pregnancy Discrimination & Maternity Rights, Race Discrimination, Religious Discrimination, Retaliation, Wrongful Termination

Today, we will look at a recent decision by the United States Seventh Circuit Court of Appeals, which dealt with an age discrimination claim under the Age Discrimination in Employment Act of 1967 (“ADEA”), 29 U.S.C. § 621 et seq., in the context of what is known as...

Retaliation Is Still Easier To Prove Than Discrimination

by | Aug 8, 2022 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Family Medical Leave Claims, Federal Law Update, Gender Discrimination, LGBTQ Discrimination, National Origin Discrimination, Pregnancy Discrimination & Maternity Rights, Race Discrimination, Religious Discrimination, Retaliation, Sexual Harassment, Wage: Minimum Wage, Wage: Overtime, Wage: Tipped Employees, Workers' Compensation Retaliation, Wrongful Termination

It always feels good to be right, right? Well, this employees’ rights blog is feeling extra good at the moment. Why? Well, we have previously blogged about the many reasons why a retaliation claim is the easiest employment claim to prove in court. Today, we take a...

Can Public University Employees Sue Their Employers In Federal Court?

by | Aug 5, 2022 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Family Medical Leave Claims, Federal Law Update, Gender Discrimination, LGBTQ Discrimination, National Origin Discrimination, Pregnancy Discrimination & Maternity Rights, Race Discrimination, Religious Discrimination, Retaliation, Wrongful Termination

Our discrimination attorneys have blogged extensively on what constitutes discrimination under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (“ADA”), the Age Discrimination in Employment Act of 1967 (“ADEA”), etc. (Best Law Read: You...

Can A Company Fire A Protected Employee For Failing A Drug Test?

by Brian Spitz | Aug 3, 2022 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Firm News, Gender Discrimination, LGBTQ Discrimination, National Origin Discrimination, Pregnancy Discrimination & Maternity Rights, Race Discrimination, Religious Discrimination, Retaliation, Sexual Harassment, Wrongful Termination

The short answer is that while an employer cannot use its drug-free policy as a cover up to fire you for a discriminatory reason, an employer does have a right to enforce its drug-free policy to either fire an employee or revoke a conditional job offer if the employee...

Employers Cannot Retaliate Against Spouses, Siblings, Significant Others

by | Jul 27, 2022 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Equal Pay Act Claims, Family Medical Leave Claims, Gender Discrimination, LGBTQ Discrimination, National Origin Discrimination, Pregnancy Discrimination & Maternity Rights, Race Discrimination, Religious Discrimination, Retaliation, Sexual Harassment, Wage: Minimum Wage, Wage: Overtime, Whistleblower Claims, Workers' Compensation Retaliation, Wrongful Termination

What laws protect against retaliation for reporting discrimination? Best Employment Discrimination Lawyer Answer: All employment discrimination laws have an anti-retaliation provision, including the Title VII of the Civil Rights Act of 1964, the Americans with...

Can My Boss Give Me Dangerous Assignments For Reporting Discrimination?

by | Jul 26, 2022 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Equal Pay Act Claims, Family Medical Leave Claims, Federal Law Update, Gender Discrimination, LGBTQ Discrimination, National Origin Discrimination, Pregnancy Discrimination & Maternity Rights, Race Discrimination, Religious Discrimination, Retaliation, Sexual Harassment, Wage: Minimum Wage, Wage: Overtime, Whistleblower Claims, Workers' Compensation Retaliation

Can My Company Retaliate Against Me For Opposing Discrimination By A Manger Or Supervisor? Best Wrongful Termination Lawyer Answer: As frequent readers of this employees’ rights blog know, if you report discrimination, harassment, wage and hour violations, or certain...

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