One of the elements of every retaliation claim is that there must be a “causal link” between the employee’s protected activity and the adverse action. In previous blogs I have talked about the standard for determining whether a materially adverse action has occurred. In this blog, I would like
The Family and Medical Leave Act (FMLA) is vital in protecting employees who need time off for medical or family-related reasons. Unfortunately, despite the safeguards provided by the FMLA, employees remain exposed to employers’ unlawful retaliation for taking FMLA leave. Below, we’ll explore how to recognize potential signs of
It’s that time of year again! As we roll into the holiday season, workplaces are gearing up for festive celebrations, including customary work holiday parties. These events are intended to foster camaraderie and team spirit. However, it is crucial to be reminded of the potential risks they pose, particularly concerning
There is a general understanding that the law affords certain protections for pregnant people in the workplace. Most notably, the Pregnancy Discrimination Act prohibits discrimination in the workplace on the basis of pregnancy, childbirth, or related medical conditions. The Pregnancy Discrimination Act was passed in 1978 as an amendment to Title
X, a dedicated and hard worker, asks her boss for a raise. X, on more than one occasion, has boasted of never taking paid time off, of working overtime, and of winning several accolades. X, for all intents and purposes, has earned this. X confidently
Most people, including defense attorneys, think that actionable retaliation can only occur if the employer fires the employee for engaging protected activity or demotes them or cuts their pay. In other words, these people think that it must be an ultimate employment action. But that is
Recently, Belgium announced a labor reform allowing for a four-day work week. The reforms also provided workers the ability to power off work devices and ignore work-related messages without fear of retaliation. The aim of the reforms was to increase productivity and strengthen both people
One of the most common things I hear during consultations is a worker telling me that they “do not have any evidence” of to support their story. They go on to elaborate that they have no documents, emails, or anything tangible to further their claim. While
In 2019, the attorneys at Wiley Walsh, P.C. acted as lead counsel in two federal jury trials and one arbitration. With help by attorneys from Wiley Wheeler, P.C. on the jury trials and help by attorneys from Rob Wiley, P.C., our clients prevailed in all three proceedings. We also co-counseled with the EEOC in a case that resulted in a cutting-edge consent decree against a major airline involving online sexual harassment.
In 2020, despite a pandemic, shelter-at-home-orders, and the closing of the courts to in person proceedings, we did even better. Although, there were no trials, our appellate docket was very successful.
And it started right away. First, on January 7, the Administrative Review Board reversed summary judgment against one of our clients asserting retaliation under the Surface Transportation Assistance Act. We alleged that our client was retaliated against by a trucking company for reporting safety issues. The Administrative Review Board held that our client was entitled to a full hearing on the merits. That hearing is currently scheduled for April 2021.Continue Reading 2020 was a very good year for our clients and Wiley Walsh, P.C.
“In the end, we will remember not the words of our enemies, but the silence of our friends.” – Martin Luther King, Jr.
Discrimination is real. Denying systemic racism, doesn’t make it nonexistent. In 2020, we’ve seen a resurgence of people actively fighting against race discrimination in large numbers. Police violence against Black Americans reignited a fuse. Protestors have taken their voices to the streets, have launched social media campaigns, and have organized to fight injustice where it thrives with hopes of real change.
Racial injustices can permeate every aspect of a person’s life. It can be four Black, young adults being pulled over by the police when they’ve done nothing wrong, only to have an officer say, “where are you coming from” and “can I search your vehicle.” It may be realizing you are being followed in a department store. It may be someone saying, “yeah, I have a problem with that Black teacher.” It can even be seen in the hiring, firing, and promotional practices of employers. Continue Reading To Witness or Not to Witness.
