Wrongful Termination

Can I Be Terminated For Refusing To Address Transgender People By Their Chosen Names And Pronouns?

YES. “Employment at will” is a legal doctrine in the United States that allows employers to terminate employees at any time and for any reason, provided that the reason is not prohibited by law – that includes for refusing to treat coworkers, customers, or other...

Can Using FMLA Block Previously Set Termination?

In Byrd v. Clay Cnty., Texas, No. 22-10746, 2023 WL 3122462 (5th Cir. Apr. 27, 2023), the United States Court of Appeals for the Fifth Circuit recently addressed this very question. Linda Byrd already working for the Sheriff’s Office in Clay County, Texas when a new...

What Conduct Creates A Claim For Hostile Work Environment?

Yesterday, our employment discrimination lawyers discussed the failure to promote claim at issue in Wince v. CBRE, Inc., No. 22-1593, 2023 WL 3191422 (7th Cir. May 2, 2023). (See Can A Higher Degree Prove Failure To Promote?) Today, we look at Sylvester Wince’s...

Can A Higher Degree Prove Failure To Promote?

While a higher level of formal education or a higher earned degree may make you more qualified for a particular job or promotion, it may not be enough – standing on its own – to prove discrimination in the hiring or promotion process. In Wince v. CBRE, Inc., No....

How Do You Prove Failure To Promote Under Title VII?

Title VII of the Civil Rights Act of 1964 makes it illegal for employers to discriminate against individuals based on their race/color, religion, national origin, gender, gender identity, and sexual orientation. Likewise, the Age Discrimination in Employment Act of...

You Can Win Retaliation Claims Even If You Lose Discrimination Claims

Today, we look at the recent United States Court of Appeals for the Third Circuit case Stoval v. Grazioli, No. 20-2041, 2023 WL 3116439, at *1 (3d Cir. Apr. 27, 2023). In this case, Flavia Stovall, who is African-American, worked in the New Jersey Judiciary, Camden...

Not All Bad Employer Acts Create A Discrimination Claim

In yesterday’s blog, we talked about how Abraham Freud lost most of his religious discrimination claims because he waited too long to file his claims. (Read about it here). Today, our employment lawyers are taking a closer look at the claims that remained. What is an...

If You Wait, You May Lose Your Discrimination Claim

Meet Abraham Freud. He is a special-education teacher working for New York City Department of Education. Freud is an Orthodox Jew, who feels that his employer has been discriminating against him for a long time – in fact, too long a period of time. What is a statute...

Am I An Independent Contractor Or Employee Under The FLSA?

Why is the difference between being an employee or an independent contractor important under the FLSA? The distinction between being an employee and an independent contractor is important under the Fair Labor Standards Act (“FLSA”) because the protections and benefits...