Articles Posted in Third Circuit Employment Law 101

| by

You’ve been here before.

One of your employees just complained about discrimination in the workplace. Or maybe s/he just participated in an HR investigation. A few days or weeks later, s/he violates your work rules and you have clear grounds to fire the employee.

Now you have a conundrum. Do you fire the employee and risk the retaliation claim? Or do you give the employee a pass?
Continue reading

| by
dentist-2351843_640

Image Credit: Pixabay.com

Yesterday, I was reading this case about a woman who was fired while taking leave under the Family and Medical Leave Act. She later sued, claiming FMLA interference; i.e., that her employer had denied her FMLA benefits to which she was otherwise entitled.

An employee fired while on FMLA leave is usually a recipe for trouble for the employer.

But not this time. Continue reading

| by
pot-of-gold

Image Credit: http://www.freestockphotos.biz/stockphoto/14050 (nicubunu acquired from OCAL (Website))

On most days, I blog for you, my readers, to educate you on new legal issues and to keep you ahead of the HR-compliance curve.

This is not most days.

Continue reading

| by

3D Judges Gavel

By Chris Potter (Flickr: 3D Judges Gavel) [CC BY 2.0 ], via Wikimedia Commons

Yesterday, I blogged here about the most important employment law decision of 2018. It’s a case called Minarsky v. Susquehanna County (opinion here).

If you missed my post, well, it was long. 1,888 words long. So, here’s the super-condensed version: The Third Circuit Court of Appeals concluded that a plaintiff might not complain about sexual harassment at work for several years but still have a viable hostile work environment claim if she genuinely believed — and the record supported — that it would be pointless to do so. Continue reading

| by
MeToo hashtag digital text on RGB screen 2017-12-09 version 11

By Wolfmann [CC BY-SA 4.0 ], from Wikimedia Commons

Minarsky v. Susquehanna County (opinion here) is a sexual harassment case. And there’s a lot to discuss. But the biggest takeaway is that any subsequent employer-defendant asserting a Faragher/Ellerth defense in the Third Circuit will find it very difficult to obtain summary judgment on any hostile work environment claim. Continue reading

| by

Sour-Patch-Kids

You know, I don’t think we’ve ever discussed the False Claims Act here at The Employer Handbook.

I don’t think we’ve discussed crowded clown cars either. And, while clowns may pique more interest, alas, this is an employment-law blog. So, I suppose we’ll enjoy our first taste of FCA together.

Kinda tastes like Sour Patch Kids. Continue reading

“Doing What’s Right – Not Just What’s Legal”
Contact Information

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2026, Eric B. Meyer
| All Rights Reserved Worldwide.
JUSTIA Law Firm Blog Design