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Documentation Retaliation

Fisher Phillips

Recent Rulings Pave Way for More Workplace Bias Claims: 5 Steps for Florida Employers to Reduce Risk of Trial

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Two recent court rulings provide a roadmap for Florida employees and their attorneys to take their claims all the way to trial by building a convincing mosaic of circumstantial evidence. This means that now more than ever,...more

Fox Rothschild LLP

Retaliation Claims Will Be Even Easier to Allege in 2024

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I have often said to clients that retaliation claims in California are the easiest claims to allege and the hardest claims to defend. Regardless of the statute, a retaliation claim is essentially three things:...more

Nilan Johnson Lewis PA

Minnesota Legislature Passes Jobs Bill Providing for Paid Sick and Safe Time

Nilan Johnson Lewis PA on

The Minnesota Legislature passed a statewide paid sick and safe leave law on May 16, 2023 that will be sent to the governor’s desk for signature. The new law, which is expected to be signed and would take effect on...more

Dunlap Bennett & Ludwig PLLC

What Do I Do If My Boss Owes Me Money?

Time is your most valuable commodity. Whether on the clock, salaried, or self-directed (self-employed, contractors, etc.), most people trade time for money. Maybe your employer has traded back some of your time to you as...more

Amundsen Davis LLC

Putting Your Business In A Strong Position To Defend Against Employment Discrimination Claims

Amundsen Davis LLC on

Many—if not most—employment discrimination and retaliation lawsuits involve a company’s decision (a) to terminate or otherwise discipline an employee or (b) not to hire a particular applicant. And the reason why the company...more

Jackson Lewis P.C.

OSHA Issues Emergency Temporary Standard Requiring COVID-19 Tests or Vaccinations for Most Employers

Jackson Lewis P.C. on

Less than two months after receiving direction from President Joe Biden, the Occupational Safety and Health Administration (OSHA) has issued an Emergency Temporary Standard (ETS) covering employers with at least 100...more

Jackson Lewis P.C.

Court Upholds Termination Of Employee Who Used Prescription Medication That Was Prescribed 5 Years Earlier

Jackson Lewis P.C. on

A federal court in Indiana dismissed the disability discrimination and retaliation claims of a DOT-regulated driver who failed a random drug test due to prescription opioid use, holding that he did not sufficiently adhere to...more

Constangy, Brooks, Smith & Prophete, LLP

The Insidious Deception That Is "Employment At Will"

Employers, don't get played. "This is an employment-at-will state, and I can fire you for a good reason, a bad reason, or no reason at all." Oh, yeah?... ...more

Jackson Lewis P.C.

California Court Upholds Employer’s Refusal To Hire Applicant Who Failed Pre-Employment Drug Test Due To Medical Marijuana Use

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A federal court in California dismissed the disability discrimination claims of a job applicant who failed a pre-employment drug test due to medical marijuana use, holding that he did not sufficiently prove that he was...more

Constangy, Brooks, Smith & Prophete, LLP

Employers Can Mandate COVID Vaccines, But Don’t Forget FEHA!

A welcome clarification. May an employer require its California employees to be vaccinated against COVID-19? According to recent guidance from the state Department of Fair Employment and Housing, the short answer is yes....more

Jackson Lewis P.C.

Documentation: The Star Role In Defending Against Retaliation Claims

Jackson Lewis P.C. on

Despite the heightened attention to avoiding and addressing sexual harassment claims in the wake of the #MeToo movement, retaliation remains the most-frequently filed employment law claim according to the Equal Employment...more

Bradley Arant Boult Cummings LLP

For Employers in the #MeToo Era: It’s Not the Harassment Claim, It’s the Retaliation Claim that Gets You

The era of #MeToo has caused employers to hyper-focus on harassment claims. They have fine-tuned their policies, investigated claims more carefully, and acted swiftly and sometimes even in a draconian fashion upon finding any...more

Amundsen Davis LLC

Recent Appellate Court Decision Provides Guidance For Investigating Intermittent FMLA Abuse

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Intermittent FMLA leave can be a source of frustration for employers even when it is used appropriately because it complicates staffing and planning and interrupts business operations. But when an employee’s use of...more

Foley & Lardner LLP

Internal Investigations — Assessing Witness Credibility

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As experienced investigators know, an investigation into allegations of harassment, discrimination or other misconduct may lead to a so-called “he said/she said” scenario, possibly leaving the investigator in a quandary as to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Employee Needs More Than Speculation to Support his Retaliation Claim

To prevail on a claim of retaliation under federal law, an employee must prove that he or she engaged in a “protected activity” under an antidiscrimination statute and subsequently suffered an adverse employment action. In...more

Littler

An Employer's Measured Response to Suspected Workplace FMLA Fraud Wins the Day

Littler on

The U.S. Court of Appeals for the Sixth Circuit issued its decision in Jaszczyszyn v. Advantage Health Physician Network, 2012 U.S. App. LEXIS 23162 (Nov. 7, 20012), affirming summary judgment for an employer in a case...more

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