PRO-TIP: If you want to arbitrate employment claims, have an arbitration agreement. A client embroiled in an employment dispute with a former employee once asked me if we could force the...
The EEOC isn’t the only federal agency safeguarding complaints about race bias at work Last week, the National Labor Relations Board made headlines when it concluded that nondisparagement and confidentiality provisions in severance agreements that...
Documentation and communication FTW! (Well, good enough.) After completing a 90-day orientation program for newly licensed nurses, a woman was denied a full-time position as a...
A coworker supposedly used the N-word “all the time” at work. Case dismissed. Here’s why… No workplace is perfect. And the one I read about last night was far from it. The plaintiff, who...
Oh, I forgot to mention that the man’s son worked for the same employer. He sued too. Yesterday, I wrote about a man who claimed that his employer retaliated against him by forcing him to resign...
Now, THIS is a retaliation lawsuit worthy of becoming a bar exam question. Sometimes, when deciding whether to blog about a recent federal court decision, I skip the “Factual Background” section and...
Now, here’s how you REALLY compare two employees in a discrimination lawsuit During Thanksgiving week, I blogged about a Seventh Circuit decision and what makes a plaintiff alleging discrimination “similarly situated”...
Take Note: Here’s how strong DOCUMENTATION torpedoes discrimination claims. Yesterday’s parting shot advised employers — not legal advice, mind you — that well-documented termination decisions are much better...
82% of you wannabe judges disagreed with the Seventh Circuit Court of Appeals In yesterday’s blog post (and on LinkedIn), I asked you to adjudicate a white man’s discrimination claim. Specifically, you...
Are these two employees comparable? Today, you be the judge to help decide this discrimination case. A white man who worked as a utility water meter reader sued his employer for racial discrimination after he...
A six-year-old can create a hostile work environment. Wait, what?!? In my many years of practicing employment law, I’ve seen hostile work environment accusations leveled against owners, supervisors, co-workers,...
‘Central Park Karen’ believes its racist to call someone racist. A federal judge disagreed and dismissed her lawsuit. You guys remember ‘Central Park Karen,’ right? I wrote about her last year. ‘Central Park Karen’ (not her real...