Severance Agreements

An employee (or former employee) should recognize that a proposed Settlement Agreement (“SA”) is a formal contract, with potentially life-long effects on the employee’s behavior and career. The employee must

Sexual Harassment – #MeToo

Social Media and Discovery

Anything written or posted in social media (via smart phones, laptops, desktops, etc.) may be discoverable in litigation and used at trial. Any electronically stored information (ESI) describing events occurring

Temporary Agencies and Third-Party Labor Providers

Temporary work agencies, third-party labor providers, and companies where the employee works, may be individually or jointly responsible for unlawful employment activities. Temporary work agencies (“temp agency”) or temporary staffing

The Role of the EEOC or CCRD

The Equal Employment Opportunity Commission (EEOC) is the federal agency with responsibility for investigating and attempting to settle discrimination and retaliation claims before a lawsuit is filed. The EEOC has

Should I Stay or Should I Go?

The Employee’s Burden of Proving “Constructive Discharge” One of the most difficult decisions you may face is whether to quit your job. We suggest that you consult with an attorney

How do I prove my case?

Under the EEOC discrimination laws, a plaintiff must show, through either direct or indirect evidence, that the discrimination complained of was intentional. E.E.O.C. v. Horizon/CMS Healthcare Corp., 220 F.3d 1184,

How Much Evidence of Pretext Do You Need to Prevent Dismissal before Trial?

How Much Evidence of Pretext Do You Need to Prevent Dismissal before Trial? Pretext “Plus” evidence of gender discrimination [or the applicable protected attribute] is not required. This was squarely