In Groundhog Day, the problem isn’t that the day repeats. It’s that nothing changes. At one point, Phil Connors captures the frustration perfectly: “What if there is no tomorrow? There wasn’t one today.”
That same problem shows up when employers investigate complaints about a supervisor, conclude the conduct is not actionable, and then respond the same way each time the issue resurfaces. Continue reading
Whistleblower cases do not begin with evidence and proof. They begin with allegations. If those allegations are plausible, employers get forced into discovery. Under CEPA, that bar is very low. Continue reading
Hiring can feel like a checklist: background check, drug test, start date. But when an applicant raises a disability-related issue, those boxes stop being routine, and the Americans with Disabilities Act (ADA) starts asking questions. Continue reading
If retaliation claims could be proven just by pointing to an employer’s handbook, summary judgment would be extinct. This court made clear that policies don’t replace proof. Continue reading
Most employment cases fall apart because the evidence is thin or the comparators don’t line up.
This one fell apart because of what the employee herself admitted – under oath. Continue reading
The EEOC just pulled the plug on its most comprehensive harassment guidance. Some federal guardrails are gone, but the law is not – and neither are employers’ obligations. Continue reading
Deciding too early that accommodation is impossible can shape everything that follows. This case shows why courts often let juries sort it out.
In a recent ADA decision from the Northern District of Illinois, an employer decided an injured employee could not return as a bus operator under her medical restrictions. After that decision, the employer relied on its absence-without-leave policy to terminate her. The court refused to end the case at summary judgment. Continue reading
A single recruiting phone call. No application. No interview. And yet, enough evidence for a federal judge to let an ADA hiring case move forward. Continue reading
When an employee’s health takes a turn, the instinct is to be flexible. The legal risk is assuming flexibility means you cannot enforce expectations. Continue reading
Governor Murphy just expanded the New Jersey Family Leave Act. It reads cleanly in the statute. It reads a little differently once you try to apply it to real people and real leave requests.
These amendments are not cosmetic. They expand coverage, accelerate employee eligibility, and formally connect NJFLA to New Jersey’s paid-leave system. For employers, this is a structural change in how leave has to be managed. Continue reading
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