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Spitz, The Employee’s Law Firm handles a lot of lawsuits against employers who discriminate, harass, or retaliate against employees. But can an employer also file a lawsuit against one of its former employees? The answer, perhaps not surprisingly, is yes. One of the...
Have you ever needed to take medical leave under the Family Medical Leave Act? Ever had an employer who was not very helpful in making sure that all the proper paperwork was completed for your FMLA leave? Do yourself a favor and learn how to protect yourself in order...
Like many other employment law attorneys, we have been anxiously awaiting Federal Judge Christina Snyder’s ruling on whether Walmart can be added as a defendant in the case of Everardo Carrillo, et al. v. Schneider Logistics, Inc., et al., which is currently pending...
In most of the cases our firm’s employment attorneys handle, the issue of pretext plays a central role. Employees and regular people don’t use the word pretext. It is one of those legal jargon words. What does pretext mean? First, in plain English: “My boss lied...
Before a recent deposition, I asked a defense employment attorney to step into the hallway to see if her client, who was about to be deposed, wanted to discuss settlement before we started. In response, this employment attorney threatened me and my client with...
Under Ohio Revised Code § 4112.02, Title VII of the Civil Rights Act of 1964, and the Civil Rights Act of 1866, it is illegal for employer to discriminate against an employee because of the employee’s national origin or ethnic background. But, does it protect...
The Sixth Circuit Court of Appeals (Ohio) recently came down with an interesting decision highlighting a fine-line between a lawful and unlawful termination of an employee complaining of disability discrimination for failure to provide a reasonable accommodation. In...
Many people across the United States are tipped employees or employees who are paid less than the required minimum wage, but are then compensated with tips in order to make up the difference. In addition to state laws protecting and defining, “tipped employees,” the...
Upon termination on an employment relationship, many employees are presented with an opportunity to receive severance packages from their former employers. As employment attorneys, we regularly encounter severance agreements in which the terminated employee has...
All the women in Iowa, flee now. Quit your jobs and move to Cleveland, Ohio to avoid sexual discrimination, harassment and pig bosses. That is what most commentators are saying in response t0o Nelson v. James H. Knight DDS, P.C., where the Iowa Supreme Court,...
I always wondered while criminals keep pushing their luck. You always see these embezzlers get busted because they couldn’t just walk away with $50,000 and kept pushing their luck over and over until they’re finally busted after taking home a couple hundred grand. ...
Can the law protect employees from being terminated if that employees boss or someone else in your office finds you to be “too attractive” or “irresistible”? According to the Iowa Supreme Court, the answer is No. In fact, the Iowa Supreme Court recently held in Nelson...
So your kid has made it to 16 without getting addicted to drugs. He or she avoid alcohol and does hang out with delinquents. The report cards are good and your kid is showing real signs of responsibility by getting a job to pay for gas. All is good. Well, maybe...
To eat that extra piece of pie or not? That is not a regular question for employment attorneys. But, now our employment discrimination lawyers can respond. Have the extra slice of pie and make it ala mode. Your employer cannot discriminate or fire you for being fat...
Aon Corp. settled a class action wage and hour lawsuit for $10.5 million. In the Complaint, the plaintiffs averred that Aon misclassified employees as exempt from overtime and meal and rest break requirements, including employees who held the titles like account...
Donating your time to a retirement home? Candy striping at a hospital? You may be protected from discrimination and retaliation like any other employee. In a recent case in the Northern District of Illinois, the Court faced an interesting question as to whether a...