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Don’t Count On Judges To Do What You Expect

by Brian Spitz | May 19, 2023 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Equal Pay Act Claims, Family Medical Leave Claims, Federal Law Update, Firm News, Gender Discrimination, Gender Identity Discrimination, Military Status Discrimination, National Origin Discrimination, Non-Competition Disputes, Pregnancy Discrimination, Pregnancy Maternity Rights, Race Discrimination, Religious Discrimination, Retaliation, Sales Commission Disputes, Sexual Harassment, Sexual Orientation Discrimination, Wage: Minimum Wage, Wage: Overtime, Wage: Tipped Employees, Whistleblower Claims, Workers' Compensation Retaliation, Wrongful Termination

Sometimes, no matter what you do; no matter what evidence you present; no matter what the law says – a judge is going to do whatever the judge wants to do. A good example of this proposition is found in the case of Edge v. TLW Energy Services, L.L.C., No. 22-50288,...

Am I An Independent Contractor Or Employee Under The FLSA?

by Brian Spitz | May 2, 2023 | Employment Law, Federal Law Update, Firm News, Wage: Minimum Wage, Wage: Overtime, Wage: Tipped Employees, Whistleblower Claims, Workers' Compensation Retaliation, Wrongful Termination

Why is the difference between being an employee or an independent contractor important under the FLSA? The distinction between being an employee and an independent contractor is important under the Fair Labor Standards Act (“FLSA”) because the protections and benefits...

Can an Employer Fire Me for Putting My Pronouns in My Email Signature?

by | Feb 10, 2023 | Employment Discrimination, Employment Law, Federal Law Update, Firm News, Gender Discrimination, LGBTQ Discrimination, Retaliation, Wrongful Termination

Discrimination against LGBTQ+ people is far too common, especially these days. It seems like you cannot turn on the news without seeing a story about discrimination against people based on their sexual orientation or gender identity. If it is not a story about LGBTQ+...

What Happens After The Jury Verdict?

by Brian Spitz | Feb 6, 2023 | Federal Law Update, Firm News

So, you’ve taken your employment case – be it wrongful termination, race discrimination or sexual harassment – to trial and got a jury verdict. Now what? Our employment discrimination lawyers have blogged a lot about what it takes to get a case to a jury and shared...

What To Know About Severance Agreements

by Brian Spitz | Dec 16, 2022 | Employment Discrimination, Firm News

Does my employer have to give me a severance package? No, employers are not required to offer such severance payments to at-will employees. However, if you are a contract employee with specific terms that require a particular severance package or payment, the...

Employee Rights: Guide To Stopping Bad References

by Brian Spitz | Dec 1, 2022 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Equal Pay Act Claims, Family Medical Leave Claims, Federal Law Update, Firm News, Gender Discrimination, LGBTQ Discrimination, National Origin Discrimination, Pregnancy Discrimination, Pregnancy Maternity Rights, Race Discrimination, Religious Discrimination, Retaliation

Finding a new job can be hard. It may become impossible if your last job is badmouthing you to your potential new employers during reference checks. There are several things that you need to consider when you think that your prior employer is sabotaging you by giving...

Thanksgiving: What I’m Thankful For

by Brian Spitz | Nov 24, 2022 | Employment Law, Firm News

I love Thanksgiving. I mean I really love Thanksgiving. It is my favorite holiday. Unlike many other commercialized holidays, Thanksgiving is not about giving or getting, nor drinking and partying to you drop. Thanksgiving is about family and eating. This year, I am...

Spitz Lawyers Win $1.33 Million Verdict

by Brian Spitz | Nov 23, 2022 | Disability Discrimination, Employment Discrimination, Employment Law, Equal Pay Act Claims, Family Medical Leave Claims, Federal Law Update, Firm News, Gender Discrimination, LGBTQ Discrimination, Military Status Discrimination, National Origin Discrimination, Non-Competition Disputes, Pregnancy Discrimination, Pregnancy Maternity Rights, Race Discrimination, Religious Discrimination, Retaliation, Sales Commission Disputes, Sexual Harassment, Wage: Minimum Wage, Wage: Overtime, Wage: Tipped Employees, Whistleblower Claims, Workers' Compensation Retaliation, Wrongful Termination

What was the case about? On November 17, 2022, attorneys Brian Spitz and Patricia Brandt waited outside the Courthouse with their client John Spring as the jury deliberated. They had spent the last four days in trial presenting John’s disability discrimination claim....

Big News: Ohio Supreme Court Gives Attorneys’ Fees For Appeals

by Brian Spitz | Oct 14, 2022 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Equal Pay Act Claims, Family Medical Leave Claims, Firm News, Gender Discrimination, LGBTQ Discrimination, National Origin Discrimination, Pregnancy Discrimination, Pregnancy Maternity Rights, Race Discrimination, Religious Discrimination, Retaliation, Sexual Harassment, Workers' Compensation Retaliation, Wrongful Termination

The Ohio Supreme Court just issued very important decision for plaintiffs in Ohio today. Specifically, in Cruz v. English Nanny & Governess School, 2022-Ohio-3586, the Ohio Supreme Court held that where a plaintiff is awarded attorneys’ fees at trial, the...

Does Asking For Sick Time Trigger My FMLA Rights?

by Gregory Shumaker | Sep 19, 2022 | Employment Law, Family Medical Leave Claims, Federal Law Update, Firm News, Retaliation, Wrongful Termination

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 Much Proof Does My Employer Need To Fire Me?

by | Sep 13, 2022 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Firm News, Gender Discrimination, LGBTQ Discrimination, National Origin Discrimination, Pregnancy Discrimination, Race Discrimination, Religious Discrimination, Retaliation, Sexual Harassment, Whistleblower Claims, Workers' Compensation Retaliation, Wrongful Termination

The focus of today’s blog will be a recent case that deals with employment at-will, wrongful termination, various forms of discrimination and what it takes to win an employment law claim. However, the most important aspect of today’s blog will not be found in or even...

How Many Insults Equals Constructive Discharge?

On Behalf of Spitz, The Employee’s Law Firm | Aug 9, 2022 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Firm News, Gender Discrimination, LGBTQ Discrimination, Military Status Discrimination, National Origin Discrimination, Pregnancy Discrimination, Race Discrimination, Religious Discrimination, Retaliation, Wrongful Termination

Today, we will look at a recent decision by the United States Seventh Circuit Court of Appeals, which dealt with an age discrimination claim under the Age Discrimination in Employment Act of 1967 (“ADEA”), 29 U.S.C. § 621 et seq., in the context of what is known as...

Can A Company Fire A Protected Employee For Failing A Drug Test?

by Brian Spitz | Aug 3, 2022 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Firm News, Gender Discrimination, LGBTQ Discrimination, National Origin Discrimination, Pregnancy Discrimination, Race Discrimination, Religious Discrimination, Retaliation, Sexual Harassment, Wrongful Termination

The short answer is that while an employer cannot use its drug-free policy as a cover up to fire you for a discriminatory reason, an employer does have a right to enforce its drug-free policy to either fire an employee or revoke a conditional job offer if the employee...

Applying For A Job Is Key To Failure To Promote Claim

by Brian Spitz | Jul 22, 2022 | Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Firm News, Gender Discrimination, LGBTQ Discrimination, National Origin Discrimination, Pregnancy Discrimination, Race Discrimination, Religious Discrimination, Sales Commission Disputes

How do you prove a failure to promote race discrimination claim? Best Employment Lawyer Answer: Title VII of the Civil Rights Act of 1964 makes it unlawful for an employer “to ... discriminate against any individual with respect to his compensation, terms, conditions,...

Don’t File With The EEOC On Your Own

by Brian Spitz | Jul 11, 2022 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Firm News, Gender Discrimination, LGBTQ Discrimination, National Origin Discrimination, Pregnancy Discrimination, Race Discrimination, Religious Discrimination, Retaliation, Sexual Harassment, Wrongful Termination

Recently, our employee’s rights lawyers detailed to problems with filing a charge of race/color, religion, gender/sex (including pregnancy and LGBTQ+ status), national origin, age, or disability discrimination with the Equal Employment Opportunity Commission (“EEOC”)...

You Don’t Need All Evidence To Start A Discrimination Case

by Brian Spitz | Jun 22, 2022 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Equal Pay Act Claims, Family Medical Leave Claims, Firm News, Gender Discrimination, LGBTQ Discrimination, National Origin Discrimination, Pregnancy Discrimination, Race Discrimination, Retaliation, Sexual Harassment, Workers' Compensation Retaliation, Wrongful Termination

What evidence do I need to sue my employer for discrimination? Best Employment Discrimination Lawyer Answer: One of the big issues at an employment discrimination trial is to show that the employee was treated differently that similarly situated employees of a...

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