Two arguments show up in almost every termination lawsuit: that the employer’s reason changed, and that it didn’t follow its own policy. The Eleventh Circuit recently explained why neither argument, without more, is enough to get a case to a jury. TL;DR: In a recent Eleventh Circuit decision, the…
Under basic contract law, yes. But thanks to the Ending Forced Arbitration Act, that may not be the end of the story. TL;DR: The New Jersey Appellate Division held that a mutual arbitration agreement was valid and enforceable, reversing a trial court that had voided it. But because the…
Not every workplace conflict that creates turbulence makes it to a jury. This one didn’t. The employer’s investigation held up under the honest-belief doctrine. TL;DR: The Sixth Circuit affirmed summary judgment for an airline after a flight attendant received a Final Corrective Action Notice for allegedly violating its Workplace…
A recent Southern District of New York decision is being described as “AI destroys privilege.” That’s not what the court held. But employers using consumer AI tools in connection with employment decisions should pay attention. TL;DR: In United States v. Heppner, the court held that documents a criminal defendant generated…
Remote work policies are tightening. But the Americans with Disabilities Act did not disappear when companies decided the office feels collaborative again. Last week, the U.S. Equal Employment Opportunity Commission issued federal-sector guidance on telework accommodations for employees with disabilities. Although written for federal agencies under the Rehabilitation Act,…
COVID vaccination mandates may be behind us, but the lawsuits they generated are still shaping how courts analyze religious accommodation under Title VII. This Third Circuit decision is a reminder that an accommodation can still be challenged when it allegedly creates a new burden. TL;DR: The…
Employees do not need to use legal buzzwords to be protected from retaliation. But they do need to complain about the right thing. General workplace grievances are not the same as opposing unlawful discrimination, and courts continue to enforce that distinction. TL;DR: An employee’s internal grievance about unfair treatment…
Constructive discharge is a high bar. But an ultimatum, delivered the wrong way and on the wrong timeline, can be enough to clear it. That was the lesson from a recent federal court decision involving a pregnant employee who was told she could either keep working under at-will conditions or…
When employees say, “You helped him when he was injured but refused to help me,” it sounds like discrimination. It also sounds like a failure-to-accommodate dispute. A recent Ninth Circuit decision shows why that framing matters, and why getting it wrong can sink the case before it ever reaches a…