Employment Discrimination

After-Acquired Evidence: Can What They Don’t Know Still Hurt You?

Which Motive Applies? Plus, Mixed Motive, and Alternative Claims Employment law, like any field dealing with the examination of people’s actions, can be a complex field. We recently looked over: “Plus” claims, where your employer discriminates against you due to your...

What Does Ohio’s New Anti-SLAPP Law Mean For Employees?

When brave employees stand up against employment, harassment, or retaliation, they often expect the employer to deny the claims. But increasingly, we’re seeing a disturbing trend: employers filing defamation counterclaims designed not to win, but to punish the...

Yes, You Can Be Fired For Doing Ten Things Wrong Even If You Did Two Things Right

Can I Be Fired Even If I Did Some Things Right? Yes, your employer can legally fire you for performance issues—even if you had some successes along the way. That is exactly what happened in Uttarwar v. Lazard Asset Management LLC, 2025 WL 704278 (2d Cir. 2025), where...

Why You Can’t Rely on Secondhand Info to Prove Employment Discrimination

Recently, in Valerio v. Metropolitan Transportation Authority, 2025 WL 686028 (2d Cir. Mar. 4, 2025), Kissairis Valerio, a Black and Hispanic female officer, was fired from the Metropolitan Transportation Authority Police Department (MTAPD) after allegedly mishandling...

How A Bad Attorney Can Sink Your Case

I remember going up and playing kickball in the yard. Inevitably, something would go wrong and one of use would yell, “do over!” Everyone would then start over. There are no do overs in litigation. When your lawyer fails, your case fails. A strong employment...

A confused worker holding a job application, wondering if they are protected under employment law.

Title VII Does Not Protect Non-Employees: Know If You Are Covered

Many workers assume that if they face employment discrimination, they can march into court with a lawsuit and get justice. But here is the harsh reality—Title VII of the Civil Rights Act of 1964 only protects employees, not independent contractors, business owners,...