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Wage and Hour › Demotions

Constangy, Brooks, Smith & Prophete, LLP

Don’t let a bad employee’s protected activity lead you into the twilight zone.

Constangy, Brooks, Smith & Prophete, LLP on

You are about to enter another dimension. A journey into the world of discrimination and retaliation. Consider, if you will, the case of an employee who suspects that he or she is about to be fired or demoted for misconduct...more

Constangy, Brooks, Smith & Prophete, LLP

Luck may have been the residue of design in jeweler’s age discrimination win

Constangy, Brooks, Smith & Prophete, LLP on

Branch Rickey, former General Manager of the Brooklyn Dodgers and the man who gave Jackie Robinson his shot in the Big Leagues, once said that luck is the residue of design. (Actually, the phrase may come from the British...more

Jackson Lewis P.C.

Court Excludes EEOC Determination Letter That Contained Factual Inaccuracies And Conclusions Of Law.

Jackson Lewis P.C. on

Courts regularly act as gatekeepers in determining what evidence juries are entitled to hear at trial. In Nuccio v. Shell Pipeline Co., LP, a federal district court barred an Equal Employment Opportunity Commission (EEOC)...more

Franczek P.C.

Employee Tells a Co-Worker That He Plans to Misuse FMLA Leave. Court Says It's OK to Demote 'Em!

Franczek P.C. on

Keith was a manager for Costco. By all accounts, he wasn’t a very good employee. The store disciplined Keith over customer complaints, dress code violations, and failing to perform his job duties. Consequently, he was...more

FordHarrison

Failure to Promote Employee on Maternity Leave Results in Litigation

FordHarrison on

When the Pregnancy Discrimination Act (PDA) was enacted in 1978, employers were clearly put on notice that they are forbidden from discriminating on the basis of pregnancy. Unfortunately, charges of pregnancy discrimination...more

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