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Employment Law

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...

ADA: Anxiety And Depression Protected, May Not Excuse Workplace Misconduct

by Brian Spitz | Apr 5, 2023 | Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Wrongful Termination

In Johnson v. L’Oreal USA, No. 21-2914-CV, 2023 WL 2637456 (2d Cir. Mar. 27, 2023), Amanda Johnson was hired by L’Oréal as an assistant vice president in 2016. At first, Johnson was successful in her role at L’Oréal, and it is undisputed that her boss, the L’Oréal...

Can I Travel During FMLA Leave?

by Brian Spitz | Apr 4, 2023 | Employment Law, Family Medical Leave Claims, Federal Law Update, Retaliation, Wrongful Termination

Like most employment law issues, the answer is: it depends on the circumstances. The Family and Medical Leave Act (“FMLA”) provides eligible employees with up to 12 weeks of unpaid leave per year for specific family and medical reasons. While an employee is on FMLA...

Yes, Managers Can Be Demoted For Not Reporting Sexual Harassment To HR

by Brian Spitz | Mar 30, 2023 | Employment Law, Retaliation, Sexual Harassment, Wrongful Termination

Managers, supervisors, group leaders, and any other person with supervisory oversight over employees should be clearly trained what to if any employee reports sexual harassment by another employee. It takes a lot of courage for women to report that they are being...

Yes, You Can Be Fired For Screwing Up Brain Surgeries

by Brian Spitz | Mar 29, 2023 | Age Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Wrongful Termination

Dr. Set Shahbabian, a neurosurgeon, relinquished his surgical privileges at his employer, TriHealth Inc. following a peer review committee repeatedly determined he committed several serious surgical errors. Let’s look at some specific facts. Dr. Shahbabian, who was in...

Quitting Because You Hate Your Boss Is Not Gender Discrimination

by Brian Spitz | Mar 28, 2023 | Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, Wrongful Termination

For there to be a claim for gender discrimination, the conduct and harassment by the employer must be based on the employee’s gender. Harassment and discrimination that is not based on the employee’s sex is not gender discrimination. In Bell v. Baptist Health, No....

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