If you believe that an employee is abusing FMLA leave, build your case. Uncover enough facts to support your belief that that employee is committing fraud.
The time has come for Congress to step up to the plate and enact legislation including sexual orientation and gender identity as protected classes, and bring to and end the shameful protection of discrimination against this marginalized class of individuals.
It's predicted that more claims will be dismissed without need of trial. That may be true, but in practice it misses a key business point.Read More
Make no mistake, this ruling is a huge victory for employers. This case limits vicarious liability only to those who are in an actual position to affect the plaintiff's terms and conditions of employment.Read More
Facebook, Twitter, and other social media channels can prove to be treasure trove of protected information—information about an employee's personal and family medical issues, religious issues, genetic information, and, like this case, protected complaints about discrimination.Read More
An employee who begs to be fired cannot seek satisfaction when her employer takes her up on her offer.Read More
Employers should treat all employees complaining about anything in the workplace as ticking time bombs, as if their complaints are protected by some law or another. If a court later rejects a public policy claim, all the better.Read More
If any of the EEOC's allegations in the lawsuit are true, the agency is going to have an easy time winning this case, which serves a good reminder that an employer cannot force its employees to conform to, follow, or practice, the employer's chosen religious practices and beliefs.Read More
Even if Title VII protects Richards' online venting as “opposition,” it is doubtful she will be able to establish a nexus between her comments and the termination. Her employer did not terminate her because of the contents of her tweet, but because of the very public nature of her complaints. Read More
For Adria Richards to have a reasonable belief that she experienced unlawful discrimination or harassment, her employer needs to be able to do something about the alleged discrimination or harassment. Read More