Age discrimination
Cat's paw
Failure to hire
FLSA violations
Immunity/Affirmative Defense
Imputing Improper Motive
National Labor Relations Act
Pregnancy discrimination
Pretext
Severance agreements
Topics
Discrimination, Retaliation, Wrongful Termination, and Unpaid Wages
Age discrimination
Mass layoffs: What must your employer do?An employer’s failure to comply with the plain language of its own policy is enough to raise a genuine dispute of material fact as to the true reason for firing an employee.Failure to retain other older employees, Plaintiff who was 66, another who was 60, and two other older employees, after “outsourcing,” while retaining younger employees bolsters an inference of pretext. Cat's paw
Unpacking the Claws of Cats Paw TheoryEvidence that co-employee or manager misrepresented employment test results that may have been caused by employee’s disability shows disability animus that may be imputed to company to show pretext because employer relied on that misrepresentation to terminate plaintiff. Failure to hire
An employer’s proffer of its own policy is not competent in itself as evidence the policy was followed.When pleading knowledge, it is enough to plead simply that the bad actor knew and this this precipitated the bad acts.A plaintiff’s own assertions about his official job duties can plausibly establish that his actions were outside the course and scope of his job duties. FLSA violations
Understanding the Difference Between an Independent Contractor and Employee“Quiet Quitting”: Setting appropriate boundaries at work and the legal protections you may have to do soWhy is it that servers are bagging up online orders for Uber, DoorDash, etc. and only getting paid $2.13 per hour to do so? Immunity/Affirmative Defense
The Fifth Circuit has ruled that Texas Charter Schools are not arms of the StateAn Employee’s Duty to MitigateSubmission of online application by Plaintiff authorizing prior employers to provide full details of past employment does not waive a mutual non-disparagement provision of a settlement agreement. Imputing Improper Motive
An employer’s proffer of its own policy is not competent in itself as evidence the policy was followed.When pleading knowledge, it is enough to plead simply that the bad actor knew and this this precipitated the bad acts.Evidence that co-employee or manager misrepresented employment test results that may have been caused by employee’s disability shows disability animus that may be imputed to company to show pretext because employer relied on that misrepresentation to terminate plaintiff. National Labor Relations Act
The WGA Writers Strike: A Showing of Solidarity and the Power of Unions“Quiet Quitting”: Setting appropriate boundaries at work and the legal protections you may have to do soIf You’ve Enjoyed a Bunch of Reddit Users Working Together Against Institutional Investors, You Should Consider Organizing a Union Pregnancy discrimination
Is Pregnancy Protected Under the Americans with Disabilities Act?Women Who are Trying to get Pregnant are Protected from Discrimination under Texas LawPregnancy discrimination can occur when the employee is terminated three months after the birth as long as there is some relation to the termination and pregnancy. Pretext
An employer’s failure to comply with the plain language of its own policy is enough to raise a genuine dispute of material fact as to the true reason for firing an employee.Failure to retain other older employees, Plaintiff who was 66, another who was 60, and two other older employees, after “outsourcing,” while retaining younger employees bolsters an inference of pretext.Evidence that the hiring decisions were based on subjective considerations such as, “looking for…a candidate…to kind of complement [him]” or “felt that [the successful] applicant would be a good instruction leader for her teachers,” may be pretext for age discrimination. Severance agreements
Mass layoffs: What must your employer do?Layoffs and Severance AgreementsA severance agreement that does not mention of overtime claims, hours, or wage amounts, does not compute alleged overtime hours worked to which the release applies, and does not refer to any dispute about overtime wages is not an enforceable release of FLSA rights.