An earlier version of this post by Spiggle Law Firm employment attorney Phillis h. Rambsy originally appeared in an e-newsletter sent by Nicolas T. Abrams, a Certified Financial Planner and the President and CEO of AJW Financial Partners LLC. The loss of a job can be traumatic. It’s an emotional time, and emotions can cause you to make […]
Five Things to Do When You’ve Been Fired Read More »
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 feeling your boss would have you fired if he could, but fortunately for you, your
Proving Discrimination Under the Cat’s Paw Theory Read More »
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 Disabilities Act (ADA) case was recently resurrected by the U.S. Court of Appeals for the
How Do You Cast Doubt on the Employer’s Reasons for Its Actions Against You? Read More »
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 mandatory arbitration clause. If such a clause is valid, it means that you can’t sue
An Arbitration Clause Could Short Circuit Your Legal Rights Read More »
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 under the Americans with Disabilities Act (ADA) 45 days (government employees to report to EEO)
Chart of Statutes of Limitation Read More »
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 claim. Something has happened at work. Maybe they have been fired. They know that what
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 not limit the damages on these actions, unlike the federal laws, which cap the damages
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 you do thinking about your case. That’s probably not a shock to you, but it’s
Keeping Perspective When in Litigation Read More »
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 could mean any time you start an adversarial process: for instance, when you or your
Lifecycle of a Lawsuit Read More »
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 could do it with your cell phone. Recordings of conversations can be extraordinarily valuable for
Taping Your Employer Read More »
