Employment Blog

Proving Discrimination Under the Cat’s Paw Theory
Litigation, Sexual Harassment

Imagine you work at a company where everything is going well…except for your boss who seems to have something against you for an improper reason, such as your race or sex or the fact that you’re pregnant. You have a...

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How Do You Cast Doubt on the Employer’s Reasons for Its Actions Against You?
ADA, Litigation

To establish a successful discrimination case, a plaintiff must take several steps. Antidiscrimination law presents a number of issues that must be proven before a case is decided in the plaintiff’s favor. Case in point: a Texas’ woman’s Americans with...

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An Arbitration Clause Could Short Circuit Your Legal Rights
Advice, Litigation

Arbitration clauses have become increasingly common in all kinds of contracts, especially employment contracts. Whether that contract is with your employer, bank, your cell phone provider, or the car rental company you use, there’s a good chance it includes a...

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Chart of Statutes of Limitation
Litigation

TYPE OF CLAIM TIME LIMIT DISCRIMINATION CLAIMS These claims, which must be filed with the EEOC, include the following types of issues: Race discrimination Sex discrimination (including stereotypes based on caregiving status) Pregnancy discrimination Age discrimination Discrimination based on disability...

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Do I Have A Case?
Litigation

Is It Illegal to Fire Mom? “Here’s what happened to me. Do I have a case? Is there anything I can do?” The first reason that many people call my office is to find out whether they have a legal...

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Judges and Juries
Litigation

Which Court Should You Choose? It depends on several factors, including whether you decide to sue under federal or state law (or both). States often have laws or statutes similar to the federal anti discrimination laws. Many states also do...

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Keeping Perspective When in Litigation
Litigation

Keeping Perspective A key practice for attorneys and clients to use in litigation is to keep the perspective of how other people will view your case. Here’s a hint: other people will spend only a fraction of the time that...

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Lifecycle of a Lawsuit
Litigation

Let’s talk about the stages of your case. I will discuss them further below, but first I want to address two common questions: (1) What is litigation? and (2) When does the lawsuit start? Litigation is a broad term and...

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Taping Your Employer
Litigation

Taping Your Employer Privacy requirements go both ways—you also must pay attention to your state’s laws on privacy before recording any conversation, depending on your jurisdiction. It is very easy to record conversations at work. Indeed, chances are that you...

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What You Need to Know About Mediation
Litigation

In this chapter, we’ll review the two options you have for mediating your dispute with your employer. For claims under Title VII, you can elect to have the EEOC mediate your dispute. Alternatively, you can hire a private mediator to...

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