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LGBTQ Discrimination

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...

What Happens If I Don’t Call the Right Attorney?

by Brian Spitz | Nov 25, 2022 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Equal Pay Act Claims, Family Medical Leave Claims, Federal Law Update, 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, Wrongful Termination

What does pro se mean? Pro se is a Latin term that means "in one's own behalf,” and when used in the legal sense, it refers to when a party to litigation represents him or herself without the assistance of an attorney. Am I allowed to represent myself in federal...

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....

There Must Be An Open Position To Prove Failure To Promote Case Under Title VII

by Brian Spitz | Nov 22, 2022 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, LGBTQ Discrimination, National Origin Discrimination, Pregnancy Discrimination, Race Discrimination, Religious Discrimination, Retaliation, Wrongful Termination

How do you prove a failure to promote employment discrimination case? Top Employment Discrimination Lawyer Answer: Under Title VII of the Civil Rights Act of 1964, failure to promote cases have the same essential elements as a wrongful termination claim. An employee...

Yes, You Can Be Fired For Bitching About Your Schedule And Showing Up Late

by Brian Spitz | Nov 17, 2022 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, LGBTQ Discrimination, National Origin Discrimination, Pregnancy Discrimination, Race Discrimination, Religious Discrimination, Retaliation, Sexual Harassment, Wrongful Termination

Can I be fired for opposing a schedule change? Best Employment Lawyer Answer: Yes. Meet Raina Ricks, who was the plaintiff-employee in Ricks v. InDyne, Inc., 2022 WL 8022536, at *1 (11th Cir. Oct. 14, 2022). After her termination Ricks filed a charge of discrimination...

Title VII And EEOC Deadlines Are Strict And Confusing: Get Attorney Help

by Brian Spitz | Nov 16, 2022 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, LGBTQ Discrimination, National Origin Discrimination, Pregnancy Discrimination, Race Discrimination, Religious Discrimination, Retaliation, Wrongful Termination

Before filing an employment discrimination claim based on race, religion, gender/sex (which includes pregnancy, gender identity, sexual orientation), age, national origin, or disability, employees are required to file a charge of discrimination with the Equal...

If You Don’t Report Workplace Harassment, You Might Lose Your Claim

by Brian Spitz | Nov 15, 2022 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, LGBTQ Discrimination, National Origin Discrimination, Pregnancy Discrimination, Race Discrimination, Religious Discrimination, Retaliation, Sexual Harassment

Let me start with the most important thing to do if you are being sexually assaulted or harassed int the workplace: make sure that you are safe. If you feel that you are in imminent danger, leave the workplace and then immediately let upper management or human...

How Do You Prove Causation In A Retaliation Claim?

by Shashelia Degraffinried | Nov 14, 2022 | Employment Discrimination, Employment Law, Gender Discrimination, LGBTQ Discrimination, National Origin Discrimination, Race Discrimination, Retaliation, Wrongful Termination

What constitutes illegal retaliation at work? Best Employment Lawyer Answer: The majority of wrongful termination cases against employers include retaliation claims. Retaliation occurs when an employer takes a “materially adverse action” against an employee because...

How Can I Fix Bad Deposition Testimony?

by Brian Spitz | Nov 11, 2022 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Equal Pay Act Claims, Family Medical Leave Claims, Federal Law Update, 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

It happens all the time in employment law cases. An employee meets with an attorney to go over the facts of the case. The attorney listens and responds that the facts make great claim. After the lawsuit is filed and some documents are exchanged, the employer’s...

Hiring The Wrong Attorney Can Seriously F’Up Your Employment Case

by Brian Spitz | Nov 10, 2022 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Equal Pay Act Claims, Family Medical Leave Claims, Federal Law Update, 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

It is important to get an attorney to help you with your employment claims, be it for race or religious discrimination, sexual harassment, or especially an overtime pay violation. But not just any attorney or law firm will do. Bad things happen when you hire the wrong...

Employer Liable For Boss’s 6-Year-Old Kid Calling Worker N-Word

by Christine Kidd | Nov 9, 2022 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, LGBTQ Discrimination, National Origin Discrimination, Pregnancy Discrimination, Race Discrimination, Religious Discrimination, Retaliation, Sexual Harassment, Wrongful Termination

Little ears pick up everything you say. Sometimes they repeat what they hear at school or to their friends. It could be about marital issues or what you think about your favorite sports team. However, when you preach racist beliefs at home, your kid will repeat that...

Can My Boss Hide Behind Excuses When Discriminating Against Me?

by Brian Spitz | Nov 8, 2022 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, LGBTQ Discrimination, National Origin Discrimination, Pregnancy Discrimination, Race Discrimination, Religious Discrimination, Retaliation, Wrongful Termination

Let’s state with the premise that most of the dumbest bosses and supervisors know that it unlawful to discrimination against employees on the basis of their race/color, religion, gender/sex (including pregnancy and LGBTQ+ status), national origin, disability, and age....

Race And Gender Won’t Save Bad Employees From Being Fired

by Brian Spitz | Nov 4, 2022 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, LGBTQ Discrimination, National Origin Discrimination, Pregnancy Discrimination, Race Discrimination, Religious Discrimination, Retaliation, Wrongful Termination

In order to state a wrongful termination or employment discrimination under Title VII of the Civil Rights Act of 1964, an employee must point to and adverse employment action taken by the employer based on the employee’s protected class. Specifically, Title VII...

Is A Work Transfer Considered An Adverse Employment Action?

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

What is considered an adverse employment action in workplace discrimination cases? Under Title VII of the Civil Rights Act of 1964 and other federal anti-discrimination statutes, it is unlawful for employers to take an adverse employment action against an employee...

What Evidence Do I Need To Prove Hostile Work Environment And Constructive Discharge?

by Brian Spitz | Nov 2, 2022 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, LGBTQ Discrimination, National Origin Discrimination, Pregnancy Discrimination, Pregnancy Maternity Rights, Race Discrimination, Religious Discrimination, Retaliation, Wrongful Termination

In today’s blog, we look at a recent United States Court of Appeals for the Fifth Circuit decision, Bye v. MGM Resorts Int’l, Inc., No. 22-60034, 2022 WL 4533723, at *5 (5th Cir. Sept. 28, 2022). The focus of this blog is about why it is absolutely critical to timely...

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