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Recently, our employee’s rights lawyers have blogged about various reasons why you shouldn’t file charges with the Equal Employment Opportunity Commission (“EEOC”) alone. (Best Law Read: Don’t File With The EEOC On Your Own; It’s Bad To File With The EEOC Without A...
If you have read our discrimination attorneys’ previous posts, you have learned a great deal about employment discrimination in all its forms. To recap: most states are considered at-will employment states, meaning your employer can fire you for any reason, as long as...
What law protect my rights to overtime pay and minimum wage? Best Wage Rights Lawyer Answer: The Fair Labor Standards Act (“FLSA”) is the federal law that protects non-exempt workers’ rights to be paid minimum wage and overtime pay at time and half for all hours...
At Spitz, The Employee’s Law Firm, our attorneys constantly hear questions from potential clients asking how they could have been fired when they have received only excellent performance reviews and have no history of discipline at their jobs. Today, we are going to...
Most employers are not going to tell an employee that they are being written up or wrongfully fired because he or she reported race/color, religion, age discrimination or because the employee opposed sexual harassment. (Best Law Read: What Are Examples Of Unlawful...
Readers of this Blog will know that employers have certain duties to employees who are considered “disabled” within the meaning of state and federal anti-discrimination laws, including the Americans with Disabilities Act (“ADA”). (Best Law Read: Best Attorney Answers:...
The short answer is it depends. There are very limited circumstances where such evidence can be used, and your employer would be the burden of convincing the court that such evidence of prior bad acts falls through that narrow window. Whether the court will allow such...
The Family and Medical Leave Act (“FMLA”) entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons. These can include personal health issues, your spouse’s health issues, or your children’s health...
Readers of this blog know just how complex the world of employment law can be. Today, we review a case out of the U.S. District Court for the Northern District of California that shows why it is so critically important that you seek out an experienced employment law...
Today, we will look at a recent decision by the United States Seventh Circuit Court of Appeals, which dealt with an age discrimination claim under the Age Discrimination in Employment Act of 1967 (“ADEA”), 29 U.S.C. § 621 et seq., in the context of what is known as...
It always feels good to be right, right? Well, this employees’ rights blog is feeling extra good at the moment. Why? Well, we have previously blogged about the many reasons why a retaliation claim is the easiest employment claim to prove in court. Today, we take a...
Our discrimination attorneys have blogged extensively on what constitutes discrimination under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (“ADA”), the Age Discrimination in Employment Act of 1967 (“ADEA”), etc. (Best Law Read: You...
Our wage and hour attorneys at Spitz monitor decisions from Federal courts across the country regarding employers misclassifying employees as independent contractors and expanding eligibility under the Fair Labor Standards Act (“FLSA”). (Do Independent Contractors...
The short answer is that while an employer cannot use its drug-free policy as a cover up to fire you for a discriminatory reason, an employer does have a right to enforce its drug-free policy to either fire an employee or revoke a conditional job offer if the employee...
There is a lot that goes into figuring out if a worker has a claim under the Americans with Disabilities Act (“ADA”), and it is often very complicated. Today, we are going to use a recent decided case to breakdown some the basics of disability discrimination, failure...
Who is a “qualified individual” under the ADA? Best Disability Discrimination Lawyer Answer: The American with Disabilities Act of 1990 (“ADA”) protects qualified individuals with disabilities from being discriminated on their jobs and requires employers to provide...