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Wrongful Termination

Good Attorneys Will Help You Not Bring Bad Claims

by Brian Spitz | Apr 7, 2023 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, LGBTQ Discrimination, National Origin Discrimination, Pregnancy Discrimination & Maternity Rights, Race Discrimination, Religious Discrimination, Retaliation, Wrongful Termination

After being fired from a job, many employees are just plain mad. They are angry. They want a way to get back at the company, get back at the employer, supervisor, or manager that fired them. These newly fired attorneys will consult with our attorneys looking for...

ADA: Anxiety And Depression Protected, May Not Excuse Workplace Misconduct

by Brian Spitz | Apr 5, 2023 | Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Wrongful Termination

In Johnson v. L’Oreal USA, No. 21-2914-CV, 2023 WL 2637456 (2d Cir. Mar. 27, 2023), Amanda Johnson was hired by L’Oréal as an assistant vice president in 2016. At first, Johnson was successful in her role at L’Oréal, and it is undisputed that her boss, the L’Oréal...

Can I Travel During FMLA Leave?

by Brian Spitz | Apr 4, 2023 | Employment Law, Family Medical Leave Claims, Federal Law Update, Retaliation, Wrongful Termination

Like most employment law issues, the answer is: it depends on the circumstances. The Family and Medical Leave Act (“FMLA”) provides eligible employees with up to 12 weeks of unpaid leave per year for specific family and medical reasons. While an employee is on FMLA...

Yes, Managers Can Be Demoted For Not Reporting Sexual Harassment To HR

by Brian Spitz | Mar 30, 2023 | Employment Law, Retaliation, Sexual Harassment, Wrongful Termination

Managers, supervisors, group leaders, and any other person with supervisory oversight over employees should be clearly trained what to if any employee reports sexual harassment by another employee. It takes a lot of courage for women to report that they are being...

Yes, You Can Be Fired For Screwing Up Brain Surgeries

by Brian Spitz | Mar 29, 2023 | Age Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Wrongful Termination

Dr. Set Shahbabian, a neurosurgeon, relinquished his surgical privileges at his employer, TriHealth Inc. following a peer review committee repeatedly determined he committed several serious surgical errors. Let’s look at some specific facts. Dr. Shahbabian, who was in...

Quitting Because You Hate Your Boss Is Not Gender Discrimination

by Brian Spitz | Mar 28, 2023 | Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, Wrongful Termination

For there to be a claim for gender discrimination, the conduct and harassment by the employer must be based on the employee’s gender. Harassment and discrimination that is not based on the employee’s sex is not gender discrimination. In Bell v. Baptist Health, No....

Is It Illegal For My Job To Retaliate Against Me For Reporting Discrimination And Harassment?

by Brian Spitz | Mar 27, 2023 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, LGBTQ Discrimination, National Origin Discrimination, Race Discrimination, Religious Discrimination, Retaliation, Wrongful Termination

In Henrie v. Carbon Sch. Dist., No. 22-4015, 2023 WL 1948621, at *1 (10th Cir. Feb. 13, 2023), Annette Henrie, a teacher for the Carbon School District, did not like her boss. In September 2015, she filed a written complaint accusing him of demeaning and belittling...

Employees Have To Explain Why N-Word Is Offensive When Used At Work

by Brian Spitz | Mar 23, 2023 | Employment Discrimination, Employment Law, Race Discrimination, Wrongful Termination

The n-word, historically known as a derogatory term for Black people, is offensive for several reasons. The term has been used for centuries to dehumanize Black people and to justify their enslavement, oppression, and. The word has a deeply painful and traumatic...

Can Failure To Renew A Teaching Contract Trigger A Discrimination Claim?

by Brian Spitz | Mar 22, 2023 | Employment Discrimination, Employment Law, Federal Law Update, Wrongful Termination

Many school districts will argue that they did not wrongfully terminate an employee because the person ceased to be employed as a result of a contract expiring. Does this work? Let’s dive in using a recent case as a springboard. In Moore v. Jackson Public School...

Yes, You Can Be Fired For Violating Rules You Created

by Brian Spitz | Mar 21, 2023 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, LGBTQ Discrimination, National Origin Discrimination, Pregnancy Discrimination & Maternity Rights, Race Discrimination, Religious Discrimination, Retaliation, Wrongful Termination

In Jungclaus v. Waverly Heights Ltd, No. 22-1908, 2023 WL 2182373, at *1 (3d Cir. Feb. 23, 2023), Kathleen Jungclaus worked at Waverly for almost 20 years, initially as Waverly’s Human Resources Director and then as Vice President of Human Resources. While in that...

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