Are you a current or former employee thinking about filing a lawsuit against your current or former employer? This article lays out the crucial steps to take before you initiate legal action – from the view point of a Columbus employment attorney. Failing to follow these guidelines could have a negative impact on the success of your potential employment law claim. Prepare for the worst, hope for the best! Continue reading “Six Critical Steps to Take Before Filing an Employment Lawsuit”
You’ve most likely heard that there is a major, landmark case that could impact the rights of millions in the LGBTQ community but do you know what is actually going on? We break it down for you here in laymen’s terms!
Mansell Law has been recognized by U.S. News and Best Lawyers as “Best Law Firms in America” in two categories: Employment Law – Individuals; and, Litigation – Labor and employment. See Our Listing. To obtain this ranking, there is a rigorous process that includes peer review, client review, and an independent analysis of the law firm. For more information on the process, visit U.S. News.
Traditional discrimination or retaliation claims involves the employer taking the discriminatory or retaliatory action. Often times companies will try to create an independent process for terminating an employee to avoid liability. For example: an employee receives several disciplinary write-ups. After a certain amount of write-ups, Human Resources becomes involved. At large companies, the HR Representative may have never met the individual. After review the write-ups, HR determines to terminate the individual. Companies then argue, how could the termination be discriminatory or retaliatory if the individual making the decision has never even met the employee being terminated? Clever. But so are Judges.
Continue reading “Cat’s Paw Theory: Can a Company be held liable if the discriminating supervisor and the individual(s) who made the decision to terminate are different?”
As a plaintiff’s side employment lawyer (employee side) I have an unmatched sense of fulfillment when I am able to provide advice or assistance to an individual or group of individuals that are standing up to their employer for what they know is right and for what the law says is wrong. Conversely, I often consult with employees in awful employment situations that have no legal redress. It pains me to tell an individual that, although his/her situation is clearly wrong, the law does not recognize it as unlawful. The two most commons situations that arise are (1) workplace bullying and (2) discrimination based on sexual orientation (discriminating against an employee because he/she is gay, lesbian, bi-sexual, or transgender). Courts, however, are beginning to signal a trend that hopefully Congress will recognize. The future will provide full protection against this conduct but we aren’t there yet. This article focuses on the current protections under the law.
Continue reading “Is there protection under the law for discrimination/retaliation based on Sexual Orientation (Gay, Lesbian, Bi-Sexual, Transgender)?”
Interesting article addressing discovery of employees’ social networking pages. People love to share personal information on Facebook. This “oversharing” can be prejudicial in a lawsuit. If you wouldn’t say it at your work or in public, then you probably shouldn’t post it on facebook. Click here to view full article.
Thinking about filing a lawsuit against your current or former employer? This article lays out some crucial steps to take before your bring the action. Remember: make sure you put everything in writing. Even if you have a conversation, follow it up with an email to the person summarizing the contents of the conversation. Eliminate he said/she said! Read the Full Article Here.