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Showing posts with label retaliation. Show all posts
Showing posts with label retaliation. Show all posts
Wednesday, September 18, 2024

A textbook example of FAFO

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When a judge or jury finds your client dishonest, they've decided your fate. If that dishonesty involves lying to the court, your client...
Wednesday, December 13, 2023

Coincidence ≠ causation

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An employer terminates a group of 14 employees within six weeks after learning that they were discussing unionizing. Despite the timing of t...
Monday, September 25, 2023

The two main reasons why employers shouldn’t retaliate

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Social media giant TikTok is in some legal hot water for its alleged mistreatment of its employees. According to NPR , two Black employees a...
Monday, August 21, 2023

Getting your termination ducks in a row

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Just because someone engages in protected conduct doesn't mean you can't fire them. It just means you better have your ducks in a ro...
Thursday, August 17, 2023

There is no such thing as free speech at work

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"Having successfully settled my case with ESPN/Disney, I have decided to leave so I can exercise my first amendment rights more freely....
Tuesday, August 1, 2023

Managing an overly sensitive employee

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Floyd Sesson, a Black UPS parts mechanic, saw race discrimination in every turn within his workplace. When UPS changed its policy to prohibi...
Tuesday, May 30, 2023

Here are 11.25 million reasons to settle a lawsuit

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Before I will bless a client's decision to terminate an employee, I always ask this question: "Tell me about the demographics — rac...
Thursday, April 20, 2023

Please don’t use “fit” to justify an employment decision, no matter what the 4th Circuit just said

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"You're not a good fit."  This statement could mean a lot of things.  It could be innocuous description of a host of performan...
Monday, March 13, 2023

What can you do about employee mass protests? (Hint: not much.)

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The 25 employees of Mela Kitchen at Jack’s Hard Cider recently walked off the job in protest after owner Donald Hoffman created a new drink ...
Tuesday, February 7, 2023

What does an employer have to do to lose $366 million?!

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$366 million dollars. That's how much a jury awarded Jennifer Harris, a Black sales manager targeted and then fired by FedEx after she ...
Wednesday, February 1, 2023

“Entitlement to FMLA leave” is not a prerequisite to an FMLA retaliation claim

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The 6th Circuit revived the FMLA retaliation claim of an attorney fired immediately after she requested unpaid leave to care for her two-yea...
Monday, December 5, 2022

Bank properly terminates misbehaving employee despite FMLA leave, 6th Circuit holds

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In 2017, a series of personal adversities, including probation for an incident with a gun and an ex-girlfriend, cocaine use, and a DUI arres...
Thursday, October 13, 2022

Ex-Starbucks manager throws employer under the bus for its alleged anti-union retaliation

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"I didn't want to do illegal stuff. I've worked my entire life to build up a career of integrity, and I was not going to allow ...
Thursday, September 22, 2022

“Pretextual investigation” dooms employer’s defense to ex-employee’s retaliation claim

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An employee, Joseph Canada, uses his cell phone to solicit sex from prostitutes during work hours. His employer, Samuel Grossi & Sons, d...
Thursday, September 8, 2022

How broad is potential liability for retaliation? THIS broad.

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In 2016, Tom Pettay sued his former employer, DeVry University, for age discrimination. The trial court dismissed Pettay's lawsuit on su...
Thursday, June 30, 2022

Court dismisses employees’ race discrimination claims against Whole Foods based on prohibition of BLM masks

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A group of Black and non-Black Whole Foods employees claimed that their employer unlawfully discriminated against them because of their race...
Monday, May 2, 2022

I’m begging you, STOP firing union organizers

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Brenda Garcia led union efforts at Chipotle as one of its employees. Or, rather, she was one of its employees until last week, when the res...
Monday, April 18, 2022

Jury awards $450,000 to employee fired over unwanted birthday party

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Kevin Berling, a 10-month employee of Gravity Diagnostics, made a simple request of the manager of his office —"Please don't throw ...
Thursday, February 3, 2022

Brian Flores burns down the house in his lawsuit against the NFL … and makes himself unemployable in the process

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If you haven't read the lawsuit Brian Flores filed against the NFL and three of its franchises, you should. It reads like a law school ...
Monday, October 4, 2021

Whistleblowing and self-help discovery: lessons from Frances Haugen, the Facebook whistleblower

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"Can she do that?" That was the question my wife asked me as we watched last night's interview of Frances Haugen, the Facebook...