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You are on FMLA leave, recovering from surgery or caring for a loved one, and then the unexpected happens—your employer tells you your job has been eliminated due to a reduction in force (RIF). Is this legal? The answer depends on whether the RIF is legitimate or just...
As you likely know, state and federal law protect employees from discrimination on the basis of race/color. Ohio Revised Code § 4112.01, et al. and Title VII of the Civil Rights Act of 1964 both also protect employees from unlawful retaliation. This means that...
The Americans with Disabilities Act (“ADA”) is there to protect employees with disabilities, ensuring they are treated fairly and given reasonable accommodations. But as Anthony Bair v. Crystal Glass, Inc., 2024 WL 4950164, shows, the ADA does not protect you from...
This is not the first time that Spitz has paid a visit to the porcelain throne to consider the law’s response to nature’s call. However there’s never an inappropriate time to use the head (on our shoulders!) and reconsider this issue. Does my employer have to make a...
It is no secret that adoption can be a lengthy and often confusing process. Understandably, one of the major questions families considering adoption face is, “Can I take maternity or paternity leave for adoption?” In classic legal fashion, the answer is “it depends.”...
Best Adverse Employment Action Attorney Answer: Most of time when someone is contacting us regarding their potential legal claims against an employer, they are doing so because they were wrongfully terminated. But what if you were not terminated, but instead were...
Yes, employers can retaliate, but that doesn’t mean it’s legal. Picture this: you file a complaint about employment discrimination or take FMLA leave to care for a loved one. You think you’re doing the right thing. But instead of a gold star for following workplace...
As employee’s rights attorneys are fond of saying, it depends. When your leave under the Family and Medical Leave Act (“FMLA”) ends but your health still prevents you from returning to work, you might qualify for additional protections under Americans with...
Yes, close timing between an employee’s protected actions—such as reporting race discrimination—and an employer’s adverse actions, like wrongful termination, can strongly support a retaliation claim. This was one of the issues at the heart of Carla Campbell-Jackson v....
Imagine this: Your boss hands you a Performance Improvement Plan (PIP) or an unfavorable performance review that you believe is unfair, misleading, or just plain wrong. What do you do? Should you sign it? Refuse? Write a snarky comment in the margins? The short...