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Timing can make or break your rights under the Family and Medical Leave Act (“FMLA“). Imagine this: you’re juggling health issues, work stress, and the pressure to leave a toxic job, and then you file for FMLA—after you’ve resigned. Unfortunately, that’s not enough to...
Ah, the age-old tale: the “perfect” employee overlooked for a promotion, left wondering why their brilliance went unnoticed. Was it employment discrimination? Maybe. Or was it the fact that you bombed the qualification test for the job? Spoiler alert: it is probably...
Every year, like clockwork, the Equal Employment Opportunity Commission (“EEOC”) reminds us just how out of touch it is with the realities faced by ordinary workers. The 2024 Annual Performance Report and the Office of General Counsel’s Fiscal Year 2024 Annual Report...
Yes, you can. The legal standard for hostile work environment claims has evolved, making it easier for employees to prove their claims. In McNeal v. City of Blue Ash, Ohio, 117 F.4th 887 (6th Cir. 2024), the United States Court of Appeals for the Sixth Circuit...
If you are an employee with a disability, you might wonder if your employer can deny your accommodation request based on company policy or whether your condition qualifies as a disability under Americans with Disabilities Act (“ADA”). A recent case decided by the...
You are on FMLA leave, recovering from surgery or caring for a loved one, and then the unexpected happens—your employer tells you your job has been eliminated due to a reduction in force (RIF). Is this legal? The answer depends on whether the RIF is legitimate or just...
Dr. Martin Luther King Jr. is celebrated as a leader who fought tirelessly for justice and equality. While many know his famous speeches and leadership in the Civil Rights Movement, fewer are aware of his involvement in the Memphis sanitation workers’ strike in 1968—a...
As you likely know, state and federal law protect employees from discrimination on the basis of race/color. Ohio Revised Code § 4112.01, et al. and Title VII of the Civil Rights Act of 1964 both also protect employees from unlawful retaliation. This means that...
Think you are untouchable at work because marijuana is legal in your state? Think again. Employers can—and often do—enforce drug-free workplace policies regardless of state laws. This stark reality played out in the case of Sharon Mundy v. City of Pittsburgh 2024 WL...
The Americans with Disabilities Act (“ADA”) is there to protect employees with disabilities, ensuring they are treated fairly and given reasonable accommodations. But as Anthony Bair v. Crystal Glass, Inc., 2024 WL 4950164, shows, the ADA does not protect you from...
This is not the first time that Spitz has paid a visit to the porcelain throne to consider the law’s response to nature’s call. However there’s never an inappropriate time to use the head (on our shoulders!) and reconsider this issue. Does my employer have to make a...
It is no secret that adoption can be a lengthy and often confusing process. Understandably, one of the major questions families considering adoption face is, “Can I take maternity or paternity leave for adoption?” In classic legal fashion, the answer is “it depends.”...
Best Adverse Employment Action Attorney Answer: Most of time when someone is contacting us regarding their potential legal claims against an employer, they are doing so because they were wrongfully terminated. But what if you were not terminated, but instead were...
Yes, employers can retaliate, but that doesn’t mean it’s legal. Picture this: you file a complaint about employment discrimination or take FMLA leave to care for a loved one. You think you’re doing the right thing. But instead of a gold star for following workplace...
Workplace violations like employment discrimination, wrongful termination, or employer violations of the Family and Medical Leave Act (“FMLA”) are incredibly stressful. Unfortunately, many employees think they can take on their employer alone. But as the case of Carla...
It was supposed to be just another day at work for Gloria Cocuzzo, a 77-year-old employee at Trader Joe’s in Brookline, Massachusetts. Gloria had been a model employee for 17 years, loved by customers and colleagues alike, and her glowing performance reviews backed it...