Johannes Claus worked for the Canyon County’s Public Defenders office. Under a new policy, pay for this job was based on years of criminal law experience. Canyon Count decreased Claus’s years of service – and thus, his pay – because he had not been practicing criminal...
Wrongful Termination
Non-Compete Agreements May Be A Thing of the Past
What has the federal government decided regarding non-compete agreements and how does it affect me? On May 30, 2023, the federal government did something that is very rare nowadays: it expanded the rights of employees in the workplace. The National Labor Relations...
Unveiling The Forgotten Anti-Discrimination Might of USERRA
In this blog, we will embark on a comprehensive exploration of the remarkable anti-discrimination powers of the Uniformed Services Employment and Reemployment Rights Act (“USERRA”). Contrary to popular belief, USERRA extends beyond protecting employees’ rights during...
Bad Pennies Turn Up In FLSA Wage Case
There are a lot of proverbs and sayings about pennies. Toss a penny into a well for a wish. Offer someone a penny for their thoughts. A penny saved is a penny earned. In February of 2022, our wage and hour attorneys reported on the story of Miles Walker, an angry boss...
There Are Bad Employment Attorneys Out There – Don’t Hire Them
Unfortunately, there are many lawyers out there that think they can just do employment law. They throw employment law up on their website with the car accident and criminal representation stuff and figure that they can figure out employment discrimination cases out as...
Be Clear And Direct In Requesting ADA Work Accommodations
About a decade ago, I wrote this blog: Disability Discrimination: ADA Does Not Require Employers To Be Mind Readers. It is always fun to look back and revisit some of our older blogs. The principle that I blogged on those long10 years ago still holds true – employees...
Can I Extend The Time To Sue For Employment Discrimination?
How long do I have to sue for employment discrimination and what happens if I miss the deadline? As our employee’s rights attorneys have blogged about before, the deadlines for filing employment discrimination, harassment, or wrongful termination claims under Title...
Yes, You Can Be Fired For Fraudulently Taking FMLA Leave
Employees who lie about a medical condition to take protected leave under the Family and Medical Leave Act (“FMLA”) can be fired for dishonesty. Moreover, even if an employer legitimately believes that the employee committed fraud to get FMLA leave, a claim for FMLA...
Yes, You Can Get A Poor Review For Falling Asleep At Work And Leaving Early
Gilbert Edwin worked for Clean Harbors Environmental Services, Inc., an environmental and industrial service provider, as an environmental technician, which was designated a safety position by his employer. Employment records showed that Edwin was caught sleeping on...
How Do I Plead A Disability Under The ADA?
Today we consider the recent case of Barsody v. Clearfield Area Sch. Dist., No. 22-2928, 2023 WL 3814038 (3d Cir. June 5, 2023). In this case, Leonard Barsody, proceeding pro se, which means representing himself (very bad idea) sued his employer Clearfield Area School...