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As employee’s rights attorneys are fond of saying, it depends. When your leave under the Family and Medical Leave Act (“FMLA”) ends but your health still prevents you from returning to work, you might qualify for additional protections under Americans with...
Yes, close timing between an employee’s protected actions—such as reporting race discrimination—and an employer’s adverse actions, like wrongful termination, can strongly support a retaliation claim. This was one of the issues at the heart of Carla Campbell-Jackson v....
If you’ve been fired without an explanation, you’re probably feeling confused and frustrated. Was the decision legal? Can they really terminate you without telling you why? The reality is that in most states, employers don’t have to provide a reason—but that doesn’t...
When facing legal issues such as employment discrimination, sexual harassment, or wrongful termination, it is critical to find the best attorney to represent your interests. However, even experienced lawyers can falter when relying too much on artificial intelligence...
Imagine this: Your boss hands you a Performance Improvement Plan (PIP) or an unfavorable performance review that you believe is unfair, misleading, or just plain wrong. What do you do? Should you sign it? Refuse? Write a snarky comment in the margins? The short...
As the year draws to a close, I reflect on the many reasons I’m grateful to do this work. Representing employees and fighting for fairness in the workplace is more than a career—it’s a calling. From the courage of our clients to the brilliance of my team, the...
We all know that under Title VII of the Civil Rights Act of 1964 as amended by the Age Discrimination in Employment Act of 1967 (“ADEA”), you can’t be fired just because of your age. Employers can’t push you out simply because you’ve hit a certain birthday. That’s...
It happens from time to time. A client or a party representing themselves has what they think is a brilliant idea – “I will just write a letter to the judge or the court and explain my situation and they’ll understand.” This type of ex parte communication (talking to...
Imagine being publicly criticized by your boss in front of your colleagues over and over again. You feel singled out and humiliated, especially when threatened with termination in front of coworkers. But does this rise to the level of a legally hostile work...
Many people assume that only individuals in protected classes - such as those facing discrimination due to race/color, gender, national origin, religion, or age - can file complaints or be protected from retaliation under laws like Title VII. But as the case of...
When people think of age discrimination, they often picture corporate boardrooms where older employees are pushed out in favor of younger, “fresh” talent. But age discrimination doesn’t just happen in offices—it can happen anywhere, even in police departments. Just...
Nathaniel King’s battle against DFW International Airport is a case study in what happens when an employee’s desired accommodations don’t align with what an employer is required to provide Americans with Disabilities Act (ADA). King, who had several debilitating...
Sometimes, employers just can’t help themselves—they say the quiet part out loud. Whether it’s making inappropriate racist or sexual harassment comments or, in the case of Edwin Jones’s supervisor, outright threatening employees with retaliation, these statements...
In any workplace, it’s frustrating when you feel like you’re being treated unfairly. Maybe you didn’t get the promotion you were expecting, or you were disciplined more harshly than your coworkers. But when you’re trying to prove race/color discrimination, it’s...
Representing yourself in a legal case, known as pro se representation, may seem like a way to save money, but it often comes at a higher cost in the end. Given the rising costs of health care, it might be cheaper to do your own angioplasty but how is that going to...
Depositions are stressful and can be tricky. Employee’s rights lawyers know that clients often say things that can hurt their case. It’s not unusual for someone to admit they were late a few times or didn’t get along with a coworker. But one thing employees can’t...