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One of the attorneys at the Spitz Law Firm was recently confronted with an interesting question: does an employee belonging to a union need to first file a formal grievance for his or her employer’s violations of the Fair Labor Standards Act (FLSA) before bringing a...
In March 2011, the Supreme Court of the United States held in Kasten v. St. Gobain that both oral and written complaints receive retaliation protection under the Fair Labor Standards Act (FLSA). The Supreme Court held: The Fair Labor Standards Act of 1938 (Act) sets...
Spitz, The Employee’s Law Firm handles a lot of lawsuits against employers who discriminate, harass, or retaliate against employees. But can an employer also file a lawsuit against one of its former employees? The answer, perhaps not surprisingly, is yes. One of the...
Have you ever needed to take medical leave under the Family Medical Leave Act? Ever had an employer who was not very helpful in making sure that all the proper paperwork was completed for your FMLA leave? Do yourself a favor and learn how to protect yourself in order...
In most of the cases our firm’s employment attorneys handle, the issue of pretext plays a central role. Employees and regular people don’t use the word pretext. It is one of those legal jargon words. What does pretext mean? First, in plain English: “My boss lied...
The Sixth Circuit Court of Appeals (Ohio) recently came down with an interesting decision highlighting a fine-line between a lawful and unlawful termination of an employee complaining of disability discrimination for failure to provide a reasonable accommodation. In...
Upon termination on an employment relationship, many employees are presented with an opportunity to receive severance packages from their former employers. As employment attorneys, we regularly encounter severance agreements in which the terminated employee has...
All the women in Iowa, flee now. Quit your jobs and move to Cleveland, Ohio to avoid sexual discrimination, harassment and pig bosses. That is what most commentators are saying in response t0o Nelson v. James H. Knight DDS, P.C., where the Iowa Supreme Court,...
Donating your time to a retirement home? Candy striping at a hospital? You may be protected from discrimination and retaliation like any other employee. In a recent case in the Northern District of Illinois, the Court faced an interesting question as to whether a...
Let’s start our scenario with the fact that the employee has been fired – it does not matter if it is based on race discrimination, gender discrimination, national origin discrimination, religious discrimination, disability discrimination, or retaliation for taking...