The concept of what a central job function is complex. So, for today’s legal blog we are going to use a recent United States Court of Appeals for the Fifth Circuit opinion in the case of Equal Opportunity Commission v. Cash Depot, LTD, No. 21-20515, 2022 WL 3644186,...
Family Medical Leave Claims
Does Asking For Sick Time Trigger My FMLA Rights?
What is the FMLA? FMLA Attorney Answer: The Family and Medical Leave Act (“FMLA”) entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under...
How Do I Prove That My Employer Lied About Why I Was Fired?
Our employment attorneys have previously blogged about how employees prove race/color, religion, gender/sex (including pregnancy and LGBTQ+ status), national origin, and disability claims against their employers. (Best Law Read: How Do You Win A Wrongful Termination...
Yes, Employers And Their Attorneys Lie
A lot of people like stores that provide a good return or refund policy. “Don’t like the results after 90 days, send the rest back and we’ll give you a full refund.” I’m embarrassed to say that I know someone that returned a kitchen table set to Costco six years after...
Can I Get Punitive Damages For Wrongful Termination?
In the past, our employment attorneys have addressed the issue of damages and how we calculate them arising out of wrongful termination and other forms of employment discrimination. (Best Law Read: What Kind of Damages Can You Get for Wrongful Termination and...
How Do I Prove Pretext For My Wrongful Termination?
At Spitz, The Employee’s Law Firm, our attorneys constantly hear questions from potential clients asking how they could have been fired when they have received only excellent performance reviews and have no history of discipline at their jobs. Today, we are going to...
Can I Avoid Poor Performance Discipline By Reporting Discrimination?
Most employers are not going to tell an employee that they are being written up or wrongfully fired because he or she reported race/color, religion, age discrimination or because the employee opposed sexual harassment. (Best Law Read: What Are Examples Of Unlawful...
Can My Employer Discredit My Claims By Using Alleged Criminal Activity Of Which I Was Never Convicted?
The short answer is it depends. There are very limited circumstances where such evidence can be used, and your employer would be the burden of convincing the court that such evidence of prior bad acts falls through that narrow window. Whether the court will allow such...
What Is The Difference Between FMLA “Interference” And “Retaliation”?
The Family and Medical Leave Act (“FMLA”) entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons. These can include personal health issues, your spouse’s health issues, or your children’s health...
Why Having Skilled Employment Attorneys Is Critical
Readers of this blog know just how complex the world of employment law can be. Today, we review a case out of the U.S. District Court for the Northern District of California that shows why it is so critically important that you seek out an experienced employment law...