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Most people do not need an employment attorney to tell them that Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against their employees based on, among other things, one’s race, gender or religious affiliation. Most people, however,...
In an interesting case involving a claim for retaliation under the Fair Labor Standards Act (“FLSA”), the United States Supreme Court answered the disputed question of whether complaints made pursuant to the FLSA retaliation provision had to be in writing or not. The...
In March 2011, the Supreme Court of the United States held in Kasten v. St. Gobain that both oral and written complaints receive retaliation protection under the Fair Labor Standards Act (FLSA). The Supreme Court held: The Fair Labor Standards Act of 1938 (Act) sets...
As employment law attorneys, we are often asked this question. Common conceptions of fairness dictate that it should be illegal for an employer to terminate an employee for filing a Workers’ Compensation claim after the employee is injured on the job. For this...
I miss summer - cookouts, fireworks, baseball, and, for thrill seekers, going to the amusement park! As a child, every year, I looked forward to my family’s annual trip to the amusement park. I would run through the park, intent on riding every roller coaster I could!...
To sign or not to sign—that is the question that confronts every employee facing the final act of their employment. Whether 'tis nobler in the mind to accept the severance offered and, with it, the loss of potential claims, or to take arms against the uncertainties of...
This blog post looks at the issue of race/color discrimination. Employee’s rights case is Smith v. City of Stow, 2023-Ohio-4302, 229 N.E.3d 1265 (9th Dist.), is an example of racial discrimination within the workplace. In this case an African American police officer,...
When it comes to legal battles, the stakes are high. You wouldn’t want to walk into a courtroom without the right team by your side – especially a team that knows how to navigate the unpredictable twists and turns of a trial. Hiring a law firm with solid trial...
Ever feel like navigating your job can be confusing, especially if you have a disability? If you think you’re being treated unfairly at work, you’re not alone. The recent case of Huber v. Westar Foods, Inc., No. 23-1087, 2024 WL 3244337 (8th Cir. July 1, 2024), sheds...
As our employment discrimination lawyers have blogged about before, it is never good for the employee when the court opinion starts off with “David Edward Ellis, proceeding pro se …”, which is how our example case started in Ellis v. Schneider Nat’l Carriers, Inc.,...