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Retaliation

Employment Law: What Is The Honest Belief Rule?

by Taurean Shattuck | Aug 23, 2022 | 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

Our employment attorneys frequently blog about how employees prove race/color, religion, gender/sex, LGBTQ+ status, national origin, and disability discrimination claims against their employers. (Best Law Read: How Do You Win A Wrongful Termination Claim?; How Do You...

The EEOC Will Not Help You Properly Fill Out The Charging Form

by Taurean Shattuck | Aug 22, 2022 | 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, Sexual Harassment, Wrongful Termination

Recently, our employee’s rights lawyers have blogged about various reasons why you shouldn’t file charges with the Equal Employment Opportunity Commission (“EEOC”) alone. (Best Law Read: Don’t File With The EEOC On Your Own; It’s Bad To File With The EEOC Without A...

How Do You Prove Causation In Wrongful Termination Cases?

by | Aug 19, 2022 | 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

If you have read our discrimination attorneys’ previous posts, you have learned a great deal about employment discrimination in all its forms. To recap: most states are considered at-will employment states, meaning your employer can fire you for any reason, as long as...

How Do I Prove Pretext For My Wrongful Termination?

by | Aug 17, 2022 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Family Medical Leave Claims, Federal Law Update, Gender Discrimination, LGBTQ Discrimination, National Origin Discrimination, Pregnancy Discrimination & Maternity Rights, Race Discrimination, Religious Discrimination, Retaliation, Whistleblower Claims, Workers' Compensation Retaliation, Wrongful Termination

At Spitz, The Employee’s Law Firm, our attorneys constantly hear questions from potential clients asking how they could have been fired when they have received only excellent performance reviews and have no history of discipline at their jobs. Today, we are going to...

Can I Avoid Poor Performance Discipline By Reporting Discrimination?

by | Aug 16, 2022 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Family Medical Leave Claims, Federal Law Update, Gender Discrimination, LGBTQ Discrimination, National Origin Discrimination, Race Discrimination, Religious Discrimination, Retaliation, Wrongful Termination

Most employers are not going to tell an employee that they are being written up or wrongfully fired because he or she reported race/color, religion, age discrimination or because the employee opposed sexual harassment. (Best Law Read: What Are Examples Of Unlawful...

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 & 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...

What Is The Difference Between FMLA “Interference” And “Retaliation”?

by | Aug 11, 2022 | Employment Law, Family Medical Leave Claims, Federal Law Update, Retaliation, Wrongful Termination

The Family and Medical Leave Act (“FMLA”) entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons. These can include personal health issues, your spouse’s health issues, or your children’s health...

Why Having Skilled Employment Attorneys Is Critical

by | 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 & 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...

How Many Insults Equals Constructive Discharge?

On Behalf of Spitz, The Employee’s Law Firm | Aug 9, 2022 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Firm News, Gender Discrimination, LGBTQ Discrimination, Military Status Discrimination, National Origin Discrimination, Pregnancy Discrimination & Maternity Rights, Race Discrimination, Religious Discrimination, Retaliation, Wrongful Termination

Today, we will look at a recent decision by the United States Seventh Circuit Court of Appeals, which dealt with an age discrimination claim under the Age Discrimination in Employment Act of 1967 (“ADEA”), 29 U.S.C. § 621 et seq., in the context of what is known as...

Retaliation Is Still Easier To Prove Than Discrimination

by | Aug 8, 2022 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Family Medical Leave Claims, Federal Law Update, Gender Discrimination, LGBTQ Discrimination, National Origin Discrimination, Pregnancy Discrimination & Maternity Rights, Race Discrimination, Religious Discrimination, Retaliation, Sexual Harassment, Wage: Minimum Wage, Wage: Overtime, Wage: Tipped Employees, Workers' Compensation Retaliation, Wrongful Termination

It always feels good to be right, right? Well, this employees’ rights blog is feeling extra good at the moment. Why? Well, we have previously blogged about the many reasons why a retaliation claim is the easiest employment claim to prove in court. Today, we take a...

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