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There are certain things that are universally hated: bad drivers that flip you off because nothing is their fault, a sink full of dishes, clothing that is supposed to be in your size but is cut so small just to make you feel fat, cancer, being told to calm down when...
In Smith v. Mcdonough, Sec’y of Veterans Affairs, No. 22-6131, 2023 WL 2765898, (10th Cir. Apr. 4, 2023), Eric Smith, a longtime employee of the United States Department of Veterans Affairs (“VA”), sued his employer for employment discrimination and harassment that he...
What is a “salary” exactly? Unlike hourly workers, salaried employees typically receive a fixed amount of pay per week that is not tied directly to the number of hours worked or to their productivity. The “salary” is the amount that the worker is generally guaranteed...
Today, we look at a recent case out of the United States Court of Appeals for the Second Circuit that deals with the disability accommodation process at work. In Tillman v. New York City Department of Human Resources Administration, No. 22-872-CV, 2023 WL 2770218 (2d...
Thomson Reuters has a nepotism policy that prevents close family and relations from being in the same reporting chain of command. This policy provides that a conflict of interest exists when “[s]omeone with a close relationship with you is in a direct reporting...
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....