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Employment Law

Yes, You Can Be Fired For Boinking Your Boss’s Ex

by Brian Spitz | Apr 21, 2023 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, Gender Identity Discrimination, Military Status Discrimination, National Origin Discrimination, Pregnancy Discrimination & Maternity Rights, Race Discrimination, Religious Discrimination, Retaliation, Sexual Orientation Discrimination, Wrongful Termination

In Smith v. Mcdonough, Sec’y of Veterans Affairs, No. 22-6131, 2023 WL 2765898, (10th Cir. Apr. 4, 2023), Eric Smith, a longtime employee of the United States Department of Veterans Affairs (“VA”), sued his employer for employment discrimination and harassment that he...

Can My Employer Take Away PTO?

by Christopher Wido | Apr 20, 2023 | Employment Law, Federal Law Update, Wage: Minimum Wage, Wage: Overtime

What is a “salary” exactly? Unlike hourly workers, salaried employees typically receive a fixed amount of pay per week that is not tied directly to the number of hours worked or to their productivity. The “salary” is the amount that the worker is generally guaranteed...

ADA Does Not Require Perfect Accommodation Be Given

by Brian Spitz | Apr 19, 2023 | Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update

Today, we look at a recent case out of the United States Court of Appeals for the Second Circuit that deals with the disability accommodation process at work. In Tillman v. New York City Department of Human Resources Administration, No. 22-872-CV, 2023 WL 2770218 (2d...

Employers Do Not Automatically Win A Wrongful Termination Because Employee Violated Rule

by Brian Spitz | Apr 18, 2023 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, Gender Identity Discrimination, National Origin Discrimination, Pregnancy Discrimination & Maternity Rights, Race Discrimination, Religious Discrimination, Retaliation, Sexual Orientation Discrimination, Wrongful Termination

Thomson Reuters has a nepotism policy that prevents close family and relations from being in the same reporting chain of command. This policy provides that a conflict of interest exists when “[s]omeone with a close relationship with you is in a direct reporting...

Why Should I Settle Strong Employment Case?

by Brian Spitz | Apr 14, 2023 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, LGBTQ Discrimination, National Origin Discrimination, Pregnancy Discrimination & Maternity Rights, Race Discrimination, Religious Discrimination, Retaliation, Wrongful Termination

Let’s start with the premise that there I no perfect case. There is always risk from bad judges, good judges that just get it wrong, and certainly, juries can be unpredictable. No matter how good you think your cases is, there is still risk. With that said, employers...

What Is My Employment Discrimination Case Worth?

by Brian Spitz | Apr 13, 2023 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, LGBTQ Discrimination, National Origin Discrimination, Pregnancy Discrimination & Maternity Rights, Race Discrimination, Religious Discrimination, Retaliation, Wrongful Termination

There are a lot of factors that go into determining the value of an employment discrimination or wrongful termination case. These factors include: Severity and frequency of the discrimination: The more severe and frequent the discrimination, the higher the value of...

Is Skipping Progressive Discipline Steps Proof Of Discrimination?

by Brian Spitz | Apr 12, 2023 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, LGBTQ Discrimination, National Origin Discrimination, Pregnancy Discrimination & Maternity Rights, Race Discrimination, Religious Discrimination, Retaliation, Wrongful Termination

In a recent case decided by the United States Court of Appeals for the Sixth Circuit, Fabiniak v. v. Wal-Mart Stores East, LP, No. 22-3636, 2023 WL 2592358 (6th Cir. Mar. 22, 2023), the employee, Brian Fabiniak, asserted an age discrimination and wrongful termination...

Is Colorblindness A Disability Under The ADA?

by Brian Spitz | Apr 11, 2023 | Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Retaliation, Wrongful Termination

A recent case out of the United States Court of Appeals for the Fifth Circuit piqued my interest regarding a unique question. The case itself was rather mundane. In Eubanks v. Endeavor Energy Resources, L.P., 2023 WL 2612615 (C.A.5 (Tex.)), after Keith Eubanks...

Good Attorneys Will Help You Not Bring Bad Claims

by Brian Spitz | Apr 7, 2023 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, LGBTQ Discrimination, National Origin Discrimination, Pregnancy Discrimination & Maternity Rights, Race Discrimination, Religious Discrimination, Retaliation, Wrongful Termination

After being fired from a job, many employees are just plain mad. They are angry. They want a way to get back at the company, get back at the employer, supervisor, or manager that fired them. These newly fired attorneys will consult with our attorneys looking for...

Gender Identity Discrimination Is Wrong And Illegal In The Workplace

by Brian Spitz | Apr 6, 2023 | Employment Discrimination, Employment Law, Gender Discrimination, Gender Identity Discrimination, Sexual Orientation Discrimination

Today, I’m going to rant a bit. I’m mad. But first, thank you Anheuser-Busch, maker of Budweiser, Bud Light and other beers. If you don’t know, Bud Light honored transgender activist Dylan Mulvaney in a new promotion. Thank you to Jack Daniels for working with Ru...

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