Wrongful Termination

Arbitration Agreements Are Bad For Employees

Let’s start off with the undisputed truth: Arbitration is bad for employees. In March 2022, in a bipartisan effort, Congress enacted, and President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act into law that precludes employers...

Was I Constructively Discharged?

How do you prove wrongful termination? To establish a claim for wrongful termination, four elements are necessary when direct evidence is lacking: (1) the employee belonged to a protected class, (2) the employee was qualified for the job, (3) the employee was fired,...

EEOC Releases Revised Anti-Harassment Guidelines for Sexual Orientation and Gender Identity

Will the EEOC’s update to its enforcement guidance help employers address issues related to the LGBTQ+ community? Probably not, but it is a great start. Across the United States, sexual orientation and gender identity remain subjects of extensive debate and political...

After Issue 2, Ohioans Are Ready for Clam Baking

While outdoor cooking of shellfish has been legal for decades, Ohio voters are now adding to their palates a new herb. Recreational marijuana becomes legal in Ohio as of December 7, 2023. Medical marijuana has been authorized since 2016, allowing patients who have...

Yes, You Can Be Denied A Promotion If You Refuse To Move To Where The Job Is Located

Imagine this scenario: You’ve put in years of hard work and dedication, mastering your role, and striving for that coveted promotion. You believe you deserve it, you’ve earned it, and yet, it slips through your fingers. Your mind races, searching for answers, and...

Yes, You Can Be Fired For Not Reporting Your Boss’s Sexual Harassment

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...

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...

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