She signed a severance release, collected her benefits, and then sued anyway. The Sixth Circuit just explained why that didn’t work – and why the employer’s paperwork made all the difference. TL;DR: The Sixth Circuit affirmed summary judgment for an employer after finding that a former employee’s severance release was…
The Employer Handbook Blog
You Can’t Sue Your Staffing Agency to Cover Your Own Title VII Liability
According to the EEOC, a company told its staffing agencies not to send women for laborer jobs because women would “distract” male workers. When the EEOC sued, the company turned around and sued the staffing agencies too. A federal court just explained why that doesn’t work. TL;DR: A federal court…
Hiring Undocumented Workers and Skipping Wages Isn’t a Loophole.
He worked as a building superintendent for three and a half years. His employer conceded he did the work. He was never paid wages after his first two weeks. The New Jersey Supreme Court just explained why that arrangement is going to cost the employer. TL;DR: The New Jersey Supreme…
When Supervisors Threaten Retaliation at Onboarding and Then Deliver
Two supervisors warned a new hire in his first weeks on the job: file an EEO complaint against us, and we’ll end your government career. Then they did. TL;DR: The Fourth Circuit vacated summary judgment for the employer on a Title VII retaliation claim after finding that an employee’s testimony…
“Focus on Your Health” Is Not a Lawful Reason to Fire Someone
Whatever the actual reason for firing an employee, the written explanation becomes evidence. A Mississippi restaurant is about to find out what that means. TL;DR: The EEOC has sued a Mississippi restaurant under the Americans with Disabilities Act, alleging it fired an employee with a seizure condition just days after…
Two Nonsolicitation Mistakes That Can Cost Employers an Injunction
Restrictive covenants often rise or fall at the preliminary injunction stage. A Pennsylvania appellate decision shows how two common drafting mistakes can derail an employer’s attempt to enforce a nonsolicitation agreement. TL;DR: The Pennsylvania Superior Court affirmed denial of a preliminary injunction against departing wealth advisors where the trial court…
Diagnosis: Not FMLA retaliation, just skipping work for a job interview
Some employment cases hinge on timing, comparators, or complicated workplace dynamics. This one was simpler. A resident skipped work for a job interview and then sent what his supervisors viewed as a contemptuous email when asked about it. TL;DR: The Sixth Circuit affirmed summary judgment for a medical residency program…
Filed under “duh”: Throwing paper clips at work undermines a retaliation claim. Secretly filming your boss doesn’t help either.
Some employment cases turn on close calls, messy comparators, or shaky documentation. This one turned on something simpler: an employee who admitted to a string of workplace misconduct and still tried to turn the termination into a discrimination, retaliation, and hostile-work-environment case. TL;DR: An Illinois federal court granted summary judgment…
One harassment claim can knock an entire case out of arbitration
Employers that rely on arbitration agreements should pay attention to a recent Sixth Circuit decision. One plausible sexual-harassment claim can keep an entire lawsuit in court—even claims that would otherwise go to arbitration. TL;DR: The Sixth Circuit held that when a complaint plausibly alleges a sexual-harassment dispute, the Ending…
The EEOC reversed its restroom-access precedent. Private employers should read the fine print.
For nearly a decade, the U.S. Equal Employment Opportunity Commission said denying a transgender employee access to the restroom matching that employee’s gender identity violated Title VII. Last month, the agency reversed course. Private employers should read the fine print before changing anything. TL;DR: Last month, the EEOC ruled that…