Call Today For
Your FREE and CONFIDENTIAL Consultation! 866-797-6040
As the attorneys at Spitz, The Employee’s Law Firm know, damages in most employment-related claims are generally based on back pay. Back pay represents the compensation the employee would have earned through the date of judgment but-for the wrongful termination. In...
On February 4, 2013, I wrote a blog explaining how the Sixth Circuit Court of Appeals considers an employer’s changing rationale for making an adverse employment decision against an employee to be strong evidence of pretext -ie- a manufactured non-discriminatory...
As our employment law attorneys have repeatedly blogged about, the definition of “disability” greatly expanded beyond that previously allowed under the Americans with Disabilities Act (“ADA”) when President Bush signed the Americans with Disabilities Act Amendments...
In Gonzalez v. Downtown La Motors, LP, the court tackled an interesting wage and hour claim. In this case, the employer compensated its automotive service technicians on a “piece-rate” basis for repair work and ensured that a technician’s total compensation for a pay...
According to salary.com, the median salary for a school bus driver is $31,604. So how much is a sexual harassment case that leads to the termination of a female bus driver worth? Many defense attorneys will argue for the couple months’ salary that she was off of...
Most employment attorneys know that Uniformed Services Employment and Reemployment Rights Act (USERRA) requires employers to rehire military servicemembers that return from service to their same position or the position that would have been attained had they not been...
It starts off like any good joke, two racist pigs walk into a Waffle House… They make racist comments and harass staff based on race. The employees turn to management for help, and the manager is left with the question: What should I do? Well, here are a few choices:...
Even if a job requires physical labor, employers cannot reject applicants based on their age. Take the case against Western Energy Services of Durango, Inc. (WESODI), who rejected the applications of potential employees, Dennis Thomas (age 61) and Eric Camron (age...
The Americans with Disabilities Act (“ADA”) protects employees with disabilities from discrimination by the employer, and requires the employer to grant reasonable accommodations. Employers have the right under the ADA to get medical documentation to confirm the...
Have you ever worked as a server or waiter in a restaurant? If you have, chances are you were paid a small hourly wage by your employer plus tips that you made throughout your work day. Chances are that during your employment, on at least one occasion, you were a...
As the attorneys at Spitz, The Employee’s Law Firm know, a discharged employee must notify his or her former employer within 90 days of his or her termination of his or her intent to bring a claim for retaliatory discharge under Ohio’s Worker’s Compensation Act. In a...
Ohio (R.C. § 4112.99) and federal law (Title VII of the Civil Rights Act of 1964) prohibits an employer from retaliating against any employee that has opposed unlawful discrimination based on race, gender, national origin and other protected classes. Thus, male...
Since President Bush signed the Americans with Disabilities Act Amendments Act of 2008 (ADAA) on September 25, 2008, the definition of “disability” greatly expanded beyond that previously allowed under the Americans with Disabilities Act (“ADA”). The ADAA made...
Our wage and hour attorneys have seen it many times before. We send a letter of representation and notice of wage and hour or overtime claims to an employer, who directly responds by saying, “We had a deal. [Name of the employee] knew what he/she was going to be...
Our employment law attorneys have been warning employees of the dangers of posting work-related and especially potential lawsuit-related information on Facebook for quite some time, and our continued warnings should go without saying for most people. We, however, have...
The employment attorneys of Spitz, The Employee’s Law Firm often find that employees are harassed by their employers in a multitude of ways, some illegal and others simply unfair. Indeed, some forms of harassment against employees are more bizarre and out of the...