For today’s employment discrimination blog, our employee’s rights lawyers look at the situation that JDKD Enterprises, L.P. found itself in recently. JDKD is a McDonald’s franchisee operating in New Jersey. It fired a grill cook who has autism spectrum disorder. The...
Just before Christmas, the United States Court of Appeals for the Sixth Circuit gifted employees a great wage and hour opinion in the case of Walsh v. KDE Equine, LLC, No. 21-5054, 2022 WL 17843720 (6th Cir. Dec. 22, 2022). In Walsh, the Sixth Circuit, which presides...
What is the FMLA and how do I use it? The Family and Medical Leave Act (“FMLA”) is a federal law that gives eligible employees of covered employers the ability to take 12 weeks of job-protected, albeit unpaid leave for serious personal or family medical reasons. To...
Are there any laws that prevent my company from forcing me to work on Christmas? No, there are no federal laws that specifically preclude employers from scheduling employees to work on Christmas or Christmas Eve. Likewise, with the exception of Massachusetts and Rhode...
Today, our wage and hour lawyers review the recent case of Ocampo v. Brown & Appel, LLC, No. 21-2579-CV, 2022 WL 17684587, at *1 (2d Cir. Dec. 15, 2022), which is an unusual case out of the United States Court of Appeals for the Second Circuit. What makes this...
Today, we consider the recently decided alleged race discrimination and wrongful termination case United States Court of Appeals for the Sixth Circuit, Blount v. Stanley Eng’g Fastening, No. 22-5356, 2022 WL 17688036 (6th Cir. Dec. 15, 2022). In this case, the...
Today, our employment discrimination lawyers take a look at Lorenzo v. Austin, No. 21-56381, 2022 WL 16707188 (9th Cir. Nov. 4, 2022), a recent case out of the United States Court of Appeals for the Ninth Circuit. In this case, the plaintiff-employee, Virgil Lorenzo,...
What law protect employees from retaliation at work? There are several federal employment statutes protect employees from discrimination, harassment, and retaliation relating to various protected classes. Specifically, Title VII of the Civil Rights Act of 1964...
Does my employer have to give me a severance package? No, employers are not required to offer such severance payments to at-will employees. However, if you are a contract employee with specific terms that require a particular severance package or payment, the...
Lawyers often have a way of overcomplicating explanations of the law. In Estevez v. Berkeley Coll., No. 21-1988, 2022 WL 16843460 (2d Cir. Nov. 10, 2022), the United States Court of Appeals for the Second Circuit affirmed the United States District Court for the...
In another example of an employee being fired for bad conduct but trying to save his job by asserting employment discrimination, our employees’ rights lawyers look at the recent case from the United States Court of Appeals for the Eighth Circuit, Thompson v. Univ. of...
The Equal Employment Opportunity Commission (“EEOC”) is not easy. In fact, with one clerical misstep, your very good claim or race discrimination or sexual harassment might be lost forever. The entire EEOC process is fraught with peril – kind of like the opening scene...
There are a lot of factors that you should consider when selecting an employee’s rights attorney to represent you in your employment discrimination, wrongful termination, or sexual harassment claims against your employer. Our employment law attorneys have discussed...
There are a lot of reasons not to delay in reporting or opposing discrimination at your workplace. Initially, if you timely report discriminating or harassing conduct, it gives your employer the opportunity to correct the problem. Moreover, timely reporting...
Today, our employment discrimination lawyers take a look at the recent case of Flowers v. United Parcel Service, Inc., No. 22-2025, 2022 WL 17258431 (10th Cir. Nov. 29, 2022). In this case out of the United States Court of Appeals for the Tenth Circuit, Randy Flowers...
Do handbooks create a contractual right for employees? Because contract law is based on the law of each state, the answer will depend on what state you work in. Several states laws provide that an employment handbook provided by the employer to the employees may...