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Retaliation

Can You Sue For Not Getting Hired?

by Brian Spitz | Mar 3, 2023 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, LGBTQ Discrimination, National Origin Discrimination, Pregnancy Discrimination & Maternity Rights, Race Discrimination, Religious Discrimination, Retaliation, Wrongful Termination

Failure to hire cases can be very difficult, but not impossible. Today, we look at the recent case of Connors v. Merit Energy Co., LLC, No. 22-2080, 2023 WL 2003622, (8th Cir. Feb. 15, 2023). In this case, Kimberly L. Connors worked as a lease operator by XTO Energy,...

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+...

How Do I Write A Good EEOC Complaint? Get Help

by Brian Spitz | Jan 24, 2023 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, LGBTQ Discrimination, National Origin Discrimination, Pregnancy Discrimination & Maternity Rights, Race Discrimination, Religious Discrimination, Retaliation, Wrongful Termination

As our employment discrimination attorneys have harped on, there are a lot of problems that can ruin a wrongful termination if you try to go through the Equal Employment Opportunity Commission (“EEOC”) process on your own. Any claim filed under Title VII must first...

We Stand With Dr. King Every Day

by Brian Spitz | Jan 17, 2023 | Employment Discrimination, Employment Law, Race Discrimination, Retaliation, Wrongful Termination

Today, I start a trial in a race discrimination case where the employer previously testified that it was not against the company policy for white employees, including the operations manager, to say “n*gger.” When confronted with my client’s objections to the use of...

Paid Less Than A Man? Here’s What You Need To Do

by Brian Spitz | Jan 11, 2023 | Employment Discrimination, Employment Law, Equal Pay Act Claims, Gender Discrimination, Retaliation, Wrongful Termination

What laws protect a woman’s right to equal pay? Women’s rights to equal pay are protected under both Title VII of the Civil Rights Act of 1964 and the Equal Pay Act (“EPA”). Under both laws, employers must pay woman workers the same as their male counterparts when...

ADA Accommodations: What Info Do I Need To Give My Job?

by Brian Spitz | Jan 9, 2023 | Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Retaliation, Wrongful Termination

What laws require employers to accommodate disabled employees? The Americans with Disabilities Act (“ADA”) requires employers to provide reasonable accommodations to employees with a disability or serious medical condition that will all the employee to perform the...

Limiting Overtime Based On Race Is Discrimination

by Brian Spitz | Jan 4, 2023 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, LGBTQ Discrimination, National Origin Discrimination, Pregnancy Discrimination & Maternity Rights, Race Discrimination, Religious Discrimination, Retaliation, Wrongful Termination

Today, we consider the recent United States Court of Appeals for the Third Circuit case, Williams v. Fed. Express Corp, No. 22-2014, 2022 WL 17580657, at *1 (3d Cir. Dec. 12, 2022). Lori Williams, an African American female, had been working at FedEx since 1995, when...

Can My Job Retaliate For Pay Violation Complaints?

by Brian Spitz | Dec 30, 2022 | Employment Law, Federal Law Update, Retaliation, Wage: Minimum Wage, Wage: Overtime, Wage: Tipped Employees, Wrongful Termination

The Fair Labor Standards Act (“FLSA”) is the federal law that requires employers to pay non-exempt employees minimum wage and overtime at time and a half the regular rate. Today, our wage and hour lawyers are going to focus the antiretaliation provision of the FLSA...

ADA: Don’t Fire Disabled Employees Who Already Do The Job

by Brian Spitz | Dec 29, 2022 | Disability Discrimination, Employment Discrimination, Employment Law, Retaliation, Wrongful Termination

For today’s employment discrimination blog, our employee’s rights lawyers look at the situation that JDKD Enterprises, L.P. found itself in recently. JDKD is a McDonald’s franchisee operating in New Jersey. It fired a grill cook who has autism spectrum disorder. The...

Doctor’s Note May Not Be Enough To Get You FMLA

by Brian Spitz | Dec 27, 2022 | Employment Law, Family Medical Leave Claims, Federal Law Update, Retaliation, Wrongful Termination

What is the FMLA and how do I use it? The Family and Medical Leave Act (“FMLA”) is a federal law that gives eligible employees of covered employers the ability to take 12 weeks of job-protected, albeit unpaid leave for serious personal or family medical reasons. To...

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