In employment law, the concept of pretext refers to a false or fabricated reason given by an employer to justify an adverse employment action, such as termination, demotion, or refusal to promote, when the real motivation is discriminatory or otherwise unlawful. Courts scrutinize the employer’s stated reason to determine whether it is merely a cover-up
In the world of office politics and endless Zoom calls, raising concerns can be intimidating. But sometimes, doing the right thing means stepping forward—especially when the law is on your side.
So, When Does Speaking Up Become Legally Protected?
Whistleblowing: What It Really Means
Whistleblowing is
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
