The Complex Interaction of Silence and Consequences in the Workplace Many employees work for a boss, manager, or supervisor who treats them well and has given them opportunities to succeed. That type of leadership instills a willingness to work hard and produce...
Retaliation
Judges Can Cut The Jury’s Award If They Chose
Large jury verdicts make the news. The large number is what everyone hears. It sets expectations. But those expectations may not be reasonable. For example, most people know about the $2.86 million award against McDonald’s for serving a too hot cup of coffee (which...
Yes, You Can Be Fired For Refusing To Work: The Tale of Rutledge’s Morning Standoff
Welcome, dear readers, to a compelling discussion in the world of employment law. Today, our disability discrimination and FMLA attorneys delve into the intriguing case of Rutledge v. Board of County Commissioners of Johnson County, Kansas, where an employee’s refusal...
USERRA Prevents Retaliation Against Employees For Asserting Rights Under The Statute
Johannes Claus worked for the Canyon County’s Public Defenders office. Under a new policy, pay for this job was based on years of criminal law experience. Canyon Count decreased Claus’s years of service – and thus, his pay – because he had not been practicing criminal...
Non-Compete Agreements May Be A Thing of the Past
What has the federal government decided regarding non-compete agreements and how does it affect me? On May 30, 2023, the federal government did something that is very rare nowadays: it expanded the rights of employees in the workplace. The National Labor Relations...
Unveiling The Forgotten Anti-Discrimination Might of USERRA
In this blog, we will embark on a comprehensive exploration of the remarkable anti-discrimination powers of the Uniformed Services Employment and Reemployment Rights Act (“USERRA”). Contrary to popular belief, USERRA extends beyond protecting employees’ rights during...
Bad Pennies Turn Up In FLSA Wage Case
There are a lot of proverbs and sayings about pennies. Toss a penny into a well for a wish. Offer someone a penny for their thoughts. A penny saved is a penny earned. In February of 2022, our wage and hour attorneys reported on the story of Miles Walker, an angry boss...
Can I Extend The Time To Sue For Employment Discrimination?
How long do I have to sue for employment discrimination and what happens if I miss the deadline? As our employee’s rights attorneys have blogged about before, the deadlines for filing employment discrimination, harassment, or wrongful termination claims under Title...
Yes, You Can Be Fired For Fraudulently Taking FMLA Leave
Employees who lie about a medical condition to take protected leave under the Family and Medical Leave Act (“FMLA”) can be fired for dishonesty. Moreover, even if an employer legitimately believes that the employee committed fraud to get FMLA leave, a claim for FMLA...
Yes, You Can Get A Poor Review For Falling Asleep At Work And Leaving Early
Gilbert Edwin worked for Clean Harbors Environmental Services, Inc., an environmental and industrial service provider, as an environmental technician, which was designated a safety position by his employer. Employment records showed that Edwin was caught sleeping on...