There are all sorts of anti-retaliation laws that protect employees. Many require that employees who invoke them prove that the employer acted with retaliatory intent.
But not all of them.
Before discussing the jury verdict, I’ll tell you a little about how we got here.
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“When are you going to retire?” “Why don’t you retire at 65?” “What is the reason you are not retiring?” Continue reading
Last night, I read a NJ Appellate Division opinion about a plaintiff in his fifties who claimed his age motivated the defendant to end his employment.
Spoiler alert: it didn’t.
Notice anything potentially unlawful here? Continue reading
Stop me if you’ve heard this one before. Continue reading
“Uh, Eric, don’t you mean the superior candidate?” Continue reading
About a year ago, a media organization fired one of its reporters after it found his ‘inflammatory’ Instagram posts (NSFW) showing clips of his off-the-clock standup comedy routines.
Last week, an arbitrator, who found some of the reporter’s jokes ‘funny,’ ordered the company to rehire him. Continue reading
I’m not the biggest fan of progressive discipline policies, which can often be too restrictive. Plus, deviations and inconsistencies in their application are ammunition for a plaintiff claiming discrimination to get to trial. But, when companies apply these policies to the letter, they create a formidable defense to these claims.
I’m going to tell you about what may be the least self-aware employee. At least in recent memory. Continue reading
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