Think you are untouchable at work because marijuana is legal in your state? Think again. Employers can—and often do—enforce drug-free workplace policies regardless of state laws. This stark reality played out in the case of Sharon Mundy v. City of Pittsburgh 2024 WL...
Disability Discrimination
Be Careful What You Ask For: How A Wrong ADA Accommodation Request Can Backfire
The Americans with Disabilities Act (“ADA”) is there to protect employees with disabilities, ensuring they are treated fairly and given reasonable accommodations. But as Anthony Bair v. Crystal Glass, Inc., 2024 WL 4950164, shows, the ADA does not protect you from...
Taking Care of Business: Can my Employer Dock my Pay for Bathroom Breaks?
This is not the first time that Spitz has paid a visit to the porcelain throne to consider the law’s response to nature’s call. However there’s never an inappropriate time to use the head (on our shoulders!) and reconsider this issue. Does my employer have to make a...
Can A Job Transfer Constitute Discrimination?
Best Adverse Employment Action Attorney Answer: Most of time when someone is contacting us regarding their potential legal claims against an employer, they are doing so because they were wrongfully terminated. But what if you were not terminated, but instead were...
Medical Leave: Can I Get More Under ADA After FMLA Expires?
As employee’s rights attorneys are fond of saying, it depends. When your leave under the Family and Medical Leave Act (“FMLA”) ends but your health still prevents you from returning to work, you might qualify for additional protections under Americans with...
One More Reason Representing Yourself In Employment Discrimination Cases Is Bad
It happens from time to time. A client or a party representing themselves has what they think is a brilliant idea – “I will just write a letter to the judge or the court and explain my situation and they’ll understand.” This type of ex parte communication (talking to...
When Employers Accommodate But Not Exactly How Employees Want: Can I Sue?
Nathaniel King’s battle against DFW International Airport is a case study in what happens when an employee’s desired accommodations don’t align with what an employer is required to provide Americans with Disabilities Act (ADA). King, who had several debilitating...
It’s Not Disability Discrimination If You Report You Are Not Disabled And Harass Customers and Managers
Representing yourself in a legal case, known as pro se representation, may seem like a way to save money, but it often comes at a higher cost in the end. Given the rising costs of health care, it might be cheaper to do your own angioplasty but how is that going to...
Picking The Right Lawyer Can Make Or Break Your Case: How Bad Lawyering Led To Legal Disaster
Choosing the right lawyer can be the difference between winning and losing your case. It's not just about finding someone who promises to fight for you; it’s about hiring an attorney with the skills, experience, and understanding necessary to handle your specific type...
Yes, You Can Be Fired For Being A Bad Boss – Even If You Complain About Discrimination
Under Title VII of the Civil Rights Act of 1964, employees are protected from retaliation because they opposed or filed a charge of employment discrimination or harassment. With that said, the filing of a charge of race/color discrimination does not provide blanket...