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Can Your Employer Fire You If A Medical Emergency Keeps You From Calling Off Work? The short answer: not if the Family and Medical Leave Act (“FMLA”) applies and you're too incapacitated to give notice. There are emergency medical circumstances that prevent employees...
Employers don’t get to drag their heels when it comes to the rights of disabled employees. Delay, red tape, and endless demands for documentation can all add up to a failure to accommodate and disability discrimination lawsuit Americans with Disabilities Act (“ADA”)....
There’s a difference between behavior that’s offensive and conduct that’s actually unlawful. Just because something is rude, ignorant, or cruel doesn’t mean it crosses the legal line into unlawful discrimination. That distinction matters, especially in LGBTQ+...
Details matter. Imagine someone telling you that a movie is “good.” That tells you nothing. But if they said, “It had incredible cinematography, a twist ending that blew my mind, and a soundtrack that gave me chills,” suddenly you are intrigued. In law, as in life,...
Can your employer fire you during your probationary period without any warnings or progressive discipline? That depends. At-will employees (employees without contracts) can always be fired for any reason, no reason, or a dumb reason even during probationary periods –...
When employees face employment discrimination, sexual harassment, or wrongful termination, the law gives them the right to fight back. But before they can file a discrimination or wrongful firing lawsuit, there is an important first step: they must first go through...
Most people don’t think of Human Resources as their first stop when they hear something racist at work. And who wants to be the employee always filing race/color discrimination complaints? But a recent decision from the United States Court of Appeals for the Fifth...
“[A]nti-discrimination law does not make defendants liable for doing stupid or even wicked things; it makes them liable for discriminating.” Lizardo v. Denny’s, Inc., 270 F.3d 94, 104 (2d Cir. 2001). This powerful truth sets the stage for understanding a tough reality...
You can cook pasta, watch an epic sitcom scene, or jam out to “Free Bird” or “Purple Rain” in about 8 minutes. You can even listen to Don McLean’s “American Pie” before things go off the rails. And in 8 minutes, you can also change your future — for better or for...
Under the Fair Labor Standards Act (“FLSA”), most employees are entitled to minimum wage and overtime pay if they work more than 40 hours in a week. However, some employees are classified as “exempt” from these protections. For example, an employer might claim you are...