Recently I was asked, “Why is it that servers are bagging up online orders for Uber, DoorDash, etc. and only getting paid $2.13 per hour to do so?” It certainly doesn’t seem very fair, but is it illegal? Like most things in law, the
Under the “ultimatum” theory of constructive discharge, a plaintiff “must still show that ‘a reasonable employee would feel compelled to resign.’ Faruki, 123 F.3d at 319.” Lawson v. Hinds County School Dist., 2014 WL 373199 *4 (S.D. Miss. Feb. 3, 2014) (Jordan, J.). The court rejected the employer’s argument “that [supervisor] lacked authority
The Plaintiff “was informed that . . . his contract would not be renewed.” Lawson v. Hinds County School Dist., 2014 WL 373199 *1 (S.D. Miss. Feb. 3, 2014) (Jordan, J.). The court notes that “an employee can prove constructive discharge with evidence that she was given an ultimatum requiring her to choose between
Direct evidence requires a statement be “made by an individual with authority over the employment decision at issue.” Lawson v. Hinds County School Dist., 2014 WL 373199 *5 (S.D. Miss. Feb. 3, 2014) (Jordan, J.) (citing Krystek v. University of Southern Mississippi, 164 F.3d 251, 256 (5th Cir. 1999)). However, “authority” does not mean
“In Krystek v. University of Southern Mississippi, the Fifth Circuit explained that workplace comments provide sufficient evidence of discrimination if they are ‘1) related [to the protected class of persons of which the plaintiff is a member]; 2) proximate in time to the terminations; 3) made by an individual with authority over the employment
