If you are an employee with a disability, you might wonder if your employer can deny your accommodation request based on company policy or whether your condition qualifies as a disability under Americans with Disabilities Act (“ADA”). A recent case decided by the...
Wrongful Termination
Can I Be Fired During FMLA Leave For A Reduction In Force?
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...
Can I Be Fired for Calling My Boss a Racist?
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...
Yes, You Can Be Fired for Marijuana Use—Even If You Have a Disability
Think you are untouchable at work because marijuana is legal in your state? Think again. Employers can—and often do—enforce drug-free workplace policies regardless of state laws. This stark reality played out in the case of Sharon Mundy v. City of Pittsburgh 2024 WL...
Taking Care of Business: Can my Employer Dock my Pay for Bathroom Breaks?
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...
Can You Be Retaliated Against For Reporting Discrimination Or Taking FMLA Leave?
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...
Bad Things Happen When You Sue Your Employer Without An Attorney
Workplace violations like employment discrimination, wrongful termination, or employer violations of the Family and Medical Leave Act (“FMLA”) are incredibly stressful. Unfortunately, many employees think they can take on their employer alone. But as the case of Carla...
Yes, You Can Be Fired For Buying Alcohol From Your Job For A Minor
It was supposed to be just another day at work for Gloria Cocuzzo, a 77-year-old employee at Trader Joe’s in Brookline, Massachusetts. Gloria had been a model employee for 17 years, loved by customers and colleagues alike, and her glowing performance reviews backed it...
Is My Employment Lawyer Doing A Good Job?
Cristin Dent thought she was on the path to justice. After experiencing racial discrimination at her job, she worked with her attorney to file a race discrimination and wrongful termination lawsuit against her employer, Charles Schwab & Co., Inc. Dent alleged a...
Medical Leave: Can I Get More Under ADA After FMLA Expires?
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...