You are on FMLA leave, recovering from surgery or caring for a loved one, and then the unexpected happens—your employer tells you your job has been eliminated due to a reduction in force (RIF). Is this legal? The answer depends on whether the RIF is legitimate or just...
Employment Discrimination
Honoring MLK: “All Labor Has Dignity”
Dr. Martin Luther King Jr. is celebrated as a leader who fought tirelessly for justice and equality. While many know his famous speeches and leadership in the Civil Rights Movement, fewer are aware of his involvement in the Memphis sanitation workers’ strike in 1968—a...
Can I Be Fired for Calling My Boss a Racist?
As you likely know, state and federal law protect employees from discrimination on the basis of race/color. Ohio Revised Code § 4112.01, et al. and Title VII of the Civil Rights Act of 1964 both also protect employees from unlawful retaliation. This means that...
Yes, You Can Be Fired for Marijuana Use—Even If You Have a Disability
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...
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...
Can You Be Retaliated Against For Reporting Discrimination Or Taking FMLA Leave?
Yes, employers can retaliate, but that doesn’t mean it’s legal. Picture this: you file a complaint about employment discrimination or take FMLA leave to care for a loved one. You think you’re doing the right thing. But instead of a gold star for following workplace...
Bad Things Happen When You Sue Your Employer Without An Attorney
Workplace violations like employment discrimination, wrongful termination, or employer violations of the Family and Medical Leave Act (“FMLA”) are incredibly stressful. Unfortunately, many employees think they can take on their employer alone. But as the case of Carla...
Yes, You Can Be Fired For Buying Alcohol From Your Job For A Minor
It was supposed to be just another day at work for Gloria Cocuzzo, a 77-year-old employee at Trader Joe’s in Brookline, Massachusetts. Gloria had been a model employee for 17 years, loved by customers and colleagues alike, and her glowing performance reviews backed it...