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The Cautionary Tale Of A Good Employment Case

by Brian Spitz | Jun 2, 2023 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Equal Pay Act Claims, Family Medical Leave Claims, Federal Law Update, 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

As my good friend, Kenny Rodgers, once said, “You’ve got to know when to hold ‘em, know when to fold ‘em, Know when to walk away, know when to run.” There comes a time in most every case when a plaintiff-employee can claim the win by settling the case. The trick is to...

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,...

It’s Critical To Hire Good Attorneys And Tell Them Everything

by Brian Spitz | Mar 13, 2023 | 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

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....

Professionalism And Reputation Matters

by Brian Spitz | Dec 9, 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

There are a lot of factors that you should consider when selecting an employee’s rights attorney to represent you in your employment discrimination, wrongful termination, or sexual harassment claims against your employer. Our employment law attorneys have discussed...

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....

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...

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...

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...

Some Delivery Drivers Are Exempt From Arbitration … But Which Ones?

by | Sep 28, 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, Whistleblower Claims, Workers' Compensation Retaliation, Wrongful Termination

Ahh, the Federal Arbitration Act (“FAA”), stripping rights from employees since 1925! While it was created as an alternative to litigation with the hopes of making a resolution faster and easier in commercial disputes, it was judicially broadened to cover all disputes...

Can My Employer Discredit My Claims By Using Alleged Criminal Activity Of Which I Was Never Convicted?

by Patricia Brandt | Aug 12, 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

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...

Why Having Skilled Employment Attorneys Is Critical

by Gregory Shumaker | Aug 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

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...

Judges Disagree Whether Elephant Is Person

by Brian Spitz | Jul 20, 2022 | Age Discrimination, Coronavirus, 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

Our employment discrimination attorneys often talk about the fact that there is no case that you can guarantee a win – mostly pointing to the fact that judges and juries can be very unpredictable. Recently, our wrongful termination discussed that a crazy situation...

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