Please ensure Javascript is enabled for purposes of website accessibility
Home (page 3)

Tag Archives: Workplace Issues

Workplace Issues: Is a rescinded notice of termination an adverse employment action?

wi_korn

The Second Circuit Court of Appeals holds for the first time that a plaintiff suffers an adverse employment action where the employer fires her (allegedly because of her pregnancy) but then rescinds the termination two weeks later. The court also ...

Read More »

Workplace Issues: Build a list of ways to find joy

wi_korn

There are several articles recounting the addictions and depression of lawyers who often become weary of the stressful nature of bearing the responsibility of lawyering. In our own circles we can share stories of how difficult caseloads become, how much ...

Read More »

Workplace Issues: Pro se litigant wins appeal in Second Circuit using similarly situated comparators

wi_korn

The case is Carris v. First Student Inc., a summary order decided on March 8. Plaintiff was a school bus driver. She visited a student’s home after the student hit and spit on the other students on the bus, causing ...

Read More »

Workplace Issues: Revived retaliation claim shows when case must go to jury

wi_korn

In Yang v. Navigators Group, a summary order decided on Dec. 22 (2016 U.S. App. LEXIS 23259), the Second Circuit Court of Appeals revived a retaliation claim and explained how the district court erred in granting summary judgment. The plaintiff ...

Read More »

‘True threat’ and the First Amendment

wi_korn

    Social media rules keep changing. People share things with strangers for all types of reasons and often exchange positions on topics of discussion. So where is the harm? In this case, a public school teacher was playing Words ...

Read More »

Workplace Issues: Sexual harassment investigations and ‘cat’s paw’ theory

  When an employee complains about sexual harassment, management has to stop everything and take it seriously to benefit from the Affirmative Defense available if prevention via a comprehensive investigation is performed. Any HR representative will tell you that management ...

Read More »

Workplace Issues: Recent retaliation rules produce different results

“­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­[M]y retaliation will be your undoing.” — Gail McHugh, Collide (2013) Retaliation is the single largest and fastest growing type of employment-related claim. Statistics from the Equal Employment Opportunity Commission, which oversees federal discrimination and harassment laws, reflect that retaliation ...

Read More »