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Let’s start with the premise that there I no perfect case. There is always risk from bad judges, good judges that just get it wrong, and certainly, juries can be unpredictable. No matter how good you think your cases is, there is still risk. With that said, employers...
There are a lot of factors that go into determining the value of an employment discrimination or wrongful termination case. These factors include: Severity and frequency of the discrimination: The more severe and frequent the discrimination, the higher the value of...
In a recent case decided by the United States Court of Appeals for the Sixth Circuit, Fabiniak v. v. Wal-Mart Stores East, LP, No. 22-3636, 2023 WL 2592358 (6th Cir. Mar. 22, 2023), the employee, Brian Fabiniak, asserted an age discrimination and wrongful termination...
A recent case out of the United States Court of Appeals for the Fifth Circuit piqued my interest regarding a unique question. The case itself was rather mundane. In Eubanks v. Endeavor Energy Resources, L.P., 2023 WL 2612615 (C.A.5 (Tex.)), after Keith Eubanks...
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...
Today, I’m going to rant a bit. I’m mad. But first, thank you Anheuser-Busch, maker of Budweiser, Bud Light and other beers. If you don’t know, Bud Light honored transgender activist Dylan Mulvaney in a new promotion. Thank you to Jack Daniels for working with Ru...
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...
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...
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...
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...
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....
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...
How do employees prove an Equal Pay Act violation? The Equal Pay Act (“EPA”) requires that employers provide equal pay for equal work regardless of gender. To prove a violation of this act, an employee must present evidence that if believed proves by a preponderance...
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...
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...
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...