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Wrongful Termination

Some Delivery Drivers Are Exempt From Arbitration … But Which Ones?

by | Sep 28, 2022 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Equal Pay Act Claims, Family Medical Leave Claims, Federal Law Update, Gender Discrimination, LGBTQ Discrimination, Military Status Discrimination, National Origin Discrimination, Non-Competition Disputes, Pregnancy Discrimination & Maternity Rights, Race Discrimination, Religious Discrimination, Retaliation, Sales Commission Disputes, Sexual Harassment, Whistleblower Claims, Workers' Compensation Retaliation, Wrongful Termination

Ahh, the Federal Arbitration Act (“FAA”), stripping rights from employees since 1925! While it was created as an alternative to litigation with the hopes of making a resolution faster and easier in commercial disputes, it was judicially broadened to cover all disputes...

ADA: What Is A Central Job Function?

by | Sep 26, 2022 | Disability Discrimination, Employment Discrimination, Employment Law, Family Medical Leave Claims, Federal Law Update, Retaliation, Wrongful Termination

The concept of what a central job function is complex. So, for today’s legal blog we are going to use a recent United States Court of Appeals for the Fifth Circuit opinion in the case of Equal Opportunity Commission v. Cash Depot, LTD, No. 21-20515, 2022 WL 3644186,...

All Hope Is Not Lost: How To Bring An Employment Discrimination Lawsuit

by Christine Kidd | Sep 21, 2022 | 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

Before an employment discrimination lawsuit gets filed in an actual court (federal and most state courts), it is required to go through an administrative process with local state and/or federal agencies (depending on your state). Often times, people are not aware of...

Does Asking For Sick Time Trigger My FMLA Rights?

by | Sep 19, 2022 | Employment Law, Family Medical Leave Claims, Federal Law Update, Firm News, Retaliation, Wrongful Termination

What is the FMLA? FMLA Attorney Answer: The Family and Medical Leave Act (“FMLA”) entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under...

Can I Sue My Municipal Employer in Federal Court?

by | Sep 16, 2022 | 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

If you are a frequent visitor of our blog, you might remember my post from a few weeks ago about how state employers are protected from federal employment discrimination suits by Eleventh Amendment sovereign immunity (Best Read: Can Public University Employees Sue...

Does A Coworker’s Porn Create A Sexually Hostile Working Environment Claim?

by | Sep 15, 2022 | Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, Retaliation, Sexual Harassment, Wrongful Termination

Sexual Harassment Attorney Answer: By itself, probably not. But just like every other question you ask an attorney, it depends. Let’s dig into the “it depends” a little deeper by looking at the United States Sixth Circuit Court of Appeals’ recently released opinion in...

What Is A Legally Hostile Work Environment?

by | Sep 14, 2022 | 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

Employee’s Rights Lawyer Answer: At Spitz, The Employee’s Law Firm, our attorneys get a lot of calls from potential new clients who tell us that they suffered from a hostile work environment. Although this may seem like a straightforward concept, it requires an...

How Much Proof Does My Employer Need To Fire Me?

by | Sep 13, 2022 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Firm News, Gender Discrimination, LGBTQ Discrimination, National Origin Discrimination, Pregnancy Discrimination & Maternity Rights, Race Discrimination, Religious Discrimination, Retaliation, Sexual Harassment, Whistleblower Claims, Workers' Compensation Retaliation, Wrongful Termination

The focus of today’s blog will be a recent case that deals with employment at-will, wrongful termination, various forms of discrimination and what it takes to win an employment law claim. However, the most important aspect of today’s blog will not be found in or even...

How Do I Prove My Hostile Work Environment Claim?

by | Sep 9, 2022 | Employment Discrimination, Employment Law, Federal Law Update, Race Discrimination, Retaliation, Wrongful Termination

Our attorneys have blogged about hostile work environments in the past (Best Law Read: What is a Hostile Work Environment.) Today, we’re going to look at what qualifies as a hostile work environment based on race/color under Title VII of the Civil Rights Act of 1964....

Can My Boss Be Fired For Lying About Me?

by | Sep 8, 2022 | 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

Can I get my manager fired for lying about discriminating against me? Employment Discrimination Attorney Answer: Yes. Unfortunately, there are lots of bad bosses out there. Some bosses bully their employees and even engage in discrimination. Here at Spitz, The...

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