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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...
What is disparate racial discrimination under Title VII? Treating employees differently because of the employees’ race/color is a form of unlawful discrimination under Title VII of the Civil Rights Act of 1964. This is legally referred to as disparate treatment...
Not everything mean or harassing thing that your manager or supervisor does means that you can sue your employer. As much as your employee’s rights attorneys wished that we could sue every asshat boss or owner of a company where you work, that is not how the law is...
Finding a new job can be hard. It may become impossible if your last job is badmouthing you to your potential new employers during reference checks. There are several things that you need to consider when you think that your prior employer is sabotaging you by giving...
Today, our employment discrimination lawyers look at the recent case of Hankerson v. Legacy Treatment Services Inc., No. 21-3043, 2022 WL 17091116, at *2 (3d Cir. Nov. 21, 2022) out of the United States Court of Appeals for the Third Circuit. In the case, the...
Today, our employment discrimination lawyers review the recent United States Court of Appeals for the Second Circuit decision in Torres v. New York City Dep’t of Educ., No. 21-1679, 2022 WL 16954360, at *1 (2d Cir. Nov. 16, 2022). In this case, Sabato Torres, a white...
In the recently decided case, Dominick v. Mayorkas, 52 F.4th 992 (5th Cir. 2022), Gail Dominick sued her former employer, Federal Emergency Management Agency (FEMA) for race discrimination and wrongful termination under Title VII of the Civil Rights Act of 1964. She...
What does pro se mean? Pro se is a Latin term that means "in one's own behalf,” and when used in the legal sense, it refers to when a party to litigation represents him or herself without the assistance of an attorney. Am I allowed to represent myself in federal...
I love Thanksgiving. I mean I really love Thanksgiving. It is my favorite holiday. Unlike many other commercialized holidays, Thanksgiving is not about giving or getting, nor drinking and partying to you drop. Thanksgiving is about family and eating. This year, I am...
What was the case about? On November 17, 2022, attorney Brian Spitz waited outside the Courthouse with his client John Spring as the jury deliberated. They had spent the last four days in trial presenting John’s disability discrimination claim. Spitz was confident...
How do you prove a failure to promote employment discrimination case? Top Employment Discrimination Lawyer Answer: Under Title VII of the Civil Rights Act of 1964, failure to promote cases have the same essential elements as a wrongful termination claim. An employee...
Our employment discrimination attorneys have previously touched on issues involving equal pay violations in various other blog posts (Best Law Read: Is My Unequal Pay Claim Worth It?, What Is Pay Discrimination?). As previously discussed, it is illegal for employers...
As you likely know by this point, the Family and Medical Leave Act (“FMLA”) requires covered employers to give qualified employees 12 weeks of job protected but unpaid time off of work for covered employers to address serious medical issues, either personal or family....
Can I be fired for opposing a schedule change? Best Employment Lawyer Answer: Yes. Meet Raina Ricks, who was the plaintiff-employee in Ricks v. InDyne, Inc., 2022 WL 8022536, at *1 (11th Cir. Oct. 14, 2022). After her termination Ricks filed a charge of discrimination...
Before filing an employment discrimination claim based on race, religion, gender/sex (which includes pregnancy, gender identity, sexual orientation), age, national origin, or disability, employees are required to file a charge of discrimination with the Equal...
Let me start with the most important thing to do if you are being sexually assaulted or harassed int the workplace: make sure that you are safe. If you feel that you are in imminent danger, leave the workplace and then immediately let upper management or human...