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How Do You Prove Discriminatory Failure to Hire? Proving that an employer unlawfully refused to hire you based on race, gender, age, or other forms of discrimination requires following the McDonnell Douglas burden-shifting framework as first established by the United...
When brave employees stand up against employment, harassment, or retaliation, they often expect the employer to deny the claims. But increasingly, we’re seeing a disturbing trend: employers filing defamation counterclaims designed not to win, but to punish the...
Can I Be Fired Even If I Did Some Things Right? Yes, your employer can legally fire you for performance issues—even if you had some successes along the way. That is exactly what happened in Uttarwar v. Lazard Asset Management LLC, 2025 WL 704278 (2d Cir. 2025), where...
Recently, in Valerio v. Metropolitan Transportation Authority, 2025 WL 686028 (2d Cir. Mar. 4, 2025), Kissairis Valerio, a Black and Hispanic female officer, was fired from the Metropolitan Transportation Authority Police Department (MTAPD) after allegedly mishandling...
I remember going up and playing kickball in the yard. Inevitably, something would go wrong and one of use would yell, “do over!” Everyone would then start over. There are no do overs in litigation. When your lawyer fails, your case fails. A strong employment...
Is This Racial Discrimination And Harassment At Work? In Jason Jones v. Fluor Facility & Plant Services, 2025 WL 707869 (6th Cir. 2025), Jason Jones, an African American maintenance worker, was subjected to blatant racial harassment by his white coworkers at Fluor...
Many workers assume that if they face employment discrimination, they can march into court with a lawsuit and get justice. But here is the harsh reality—Title VII of the Civil Rights Act of 1964 only protects employees, not independent contractors, business owners,...
If you believe your employer discriminated against or harassed you or wrongfully fired you, your reflexive reaction might be to immediately run to the court with a lawsuit in hand yelling “I’m going to sue you!” However, this may cause many problems for employees....
“Look, if you had one shot, or one opportunity To seize everything you ever wanted in one moment, Would you capture it or just let it slip?” Eminem’s famous words from “Lose Yourself” ring true for employees facing discrimination or feeling they have been wrongfully...
Losing your job is stressful but being wrongfully terminated for reasons that feel untrue or discriminatory can make it even worse. The lies told on top of the race discrimination is like salt poured directly into the wound—it stings all the more. If you believe your...