Today, we turn our attention to the recent case of Wiggins v. Universal Prot. Serv., LLC, No. 23-1054, 2023 WL 5014082 (3d Cir. Aug. 7, 2023), which has some very good facts that should support a gender discrimination and retaliation, as well as a possible religious...
Wrongful Termination
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...
Judges May Have Discriminatory Bias Too
Let me start off by saying that I truly believe that the United States has the best justice system in the world. With that said, our justice system is far from perfect. When it comes to pursuing an employment claim, it's important to keep in mind that the justice...
When FMLA Ends, Employees Must Report Or Extend
In the intricate world of employment law, the Family and Medical Leave Act (“FMLA”) stands as a vital pillar, offering a lifeline to employees facing health challenges or family obligations. The recent case of Boston v. TrialCard, Inc. out of the United States Court...
Yes, You Can Be Fired For Lying About Your Qualifications
Leda DaSilva-Flint worked for the United States Post Office. In applying for and accepting the job, DaSilva-Flint agreed to the Postal Service’s Standards of Conduct, which required her to be “be honest, reliable, trustworthy, courteous, and of good character and...
Court Ordered AA Treatment May Or May Not Be Considered ADA Accommodation
In Mueck v. La Grange Acquisitions, L.P., Clint Mueck, an operator at the Fashing gas plant in Texas, struggled with alcoholism. Although his alcohol consumption did not hinder his work performance, it led to legal consequences, including multiple alcohol-related...
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...
Reductions In Force and Employer Liability Under Title VII, ADEA, and ADA
Unfortunately, in today’s economy, businesses are having financial issues. According to the Wall Street Journal, recession fears has prompted Facebook parent Meta, Alphabet, Microsoft and Goldman Sachs to cut employees. CNN further reports that companies such as...
What is the National Labor Relations Act and How Does It Affect Your Case?
What is the National Labor Relations Act? The National Labor Relations Act (“NLRA”) is a federal law meant to protect the rights of employees to collective organize, unionize, bargain, and fight for better working conditions. While most of the law is focused on...