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In Henrie v. Carbon Sch. Dist., No. 22-4015, 2023 WL 1948621, at *1 (10th Cir. Feb. 13, 2023), Annette Henrie, a teacher for the Carbon School District, did not like her boss. In September 2015, she filed a written complaint accusing him of demeaning and belittling...
How do employees prove an Equal Pay Act violation? The Equal Pay Act (“EPA”) requires that employers provide equal pay for equal work regardless of gender. To prove a violation of this act, an employee must present evidence that if believed proves by a preponderance...
The n-word, historically known as a derogatory term for Black people, is offensive for several reasons. The term has been used for centuries to dehumanize Black people and to justify their enslavement, oppression, and. The word has a deeply painful and traumatic...
Many school districts will argue that they did not wrongfully terminate an employee because the person ceased to be employed as a result of a contract expiring. Does this work? Let’s dive in using a recent case as a springboard. In Moore v. Jackson Public School...
In Jungclaus v. Waverly Heights Ltd, No. 22-1908, 2023 WL 2182373, at *1 (3d Cir. Feb. 23, 2023), Kathleen Jungclaus worked at Waverly for almost 20 years, initially as Waverly’s Human Resources Director and then as Vice President of Human Resources. While in that...
Our employee’s rights attorneys have discussed it before, really bad employee conduct typically trumps a protected class. In Kilpatrick v. HCA Hum. Res., LLC, No. 22-5307, 2023 WL 1961223, (6th Cir. Feb. 13, 2023), HCA Human Resources (HCA) fired Montrell Kilpatrick...
In Boc v. Able Eng’g Servs., No. 22-1664, 2023 WL 2064151, at *1 (7th Cir. Feb. 17, 2023), Brian Boc, who quit his job as engineer, sued his former employer, Able Engineering Services, for disability discrimination and constructive discharge. Specifically, Boc argued...
Should I Erase Files from My Company Issued Laptop Before Giving It Back? No. In a recent case, McCoy v. RFS Charitable Foundation, a District Court in the Northern Division of Ohio examined a motion to dismiss a former employer’s counterclaim based on a Rule 12(b)...
The recent case of Bradley v. Dhybrid Systems, LLC, No. 21-4047, 2023 WL 1978683, at *1 (10th Cir. Feb. 14, 2023) provides a cautionary tale to both employers and employees regarding how to properly handle employment law claims and what can happen if you play games....
Recently, one of our employment attorneys sent a notice of claim to an employer on behalf of a wrongfully fired client. In an amenable communication, opposing counsel contacted our office on behalf of his employer client. He suggested that as a preliminary matter,...