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Race Discrimination and R…

Race Discrimination and Retaliation: Hayes v. ATL Hawks, LLC et al.

July 14th, 2020
Posted By
Louise N. Smith
Briefing in the Eleventh Circuit Court of Appeals is completed in Hayes v. ATL Hawks, LLC et al. This case involves a black security manager, Samuel R. Hayes, III, who was fired from his job with the Atlanta Hawks in 2016 after complaining about raci… Read More
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Categories: Employment Discrimination & Retaliation
COVID-19 and Wrongful Ter…

COVID-19 and Wrongful Termination

April 17th, 2020
My name is Rob. I have worked as a full-time cashier for six months at a grocery store. I am a Type II Diabetic. My diabetes is uncontrolled. As a result of that condition, my chance of recovering from COVID-19 is much worse than a non-diabetic perso… Read More
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Categories: Employment Discrimination & Retaliation
Equal Pay for Equal Work!

Equal Pay for Equal Work!

November 11th, 2019
My name is Sandy. I am female. I work at Company X as a Sales Specialist. Recently, a male colleague disclosed that his annual salary is $12,000.00 more than my annual salary. Although he has a different job title—he is called a Sales Analyst—we… Read More
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Categories: Civil Rights, Employment Discrimination & Retaliation
Non-Compete Agreements: A…

Non-Compete Agreements: Am I Banned from Working on Planet Earth?

August 18th, 2019
I was recently fired from my job at Company X. I received a separation notice and a copy of the non-compete agreement that I had signed when I started working for Company X. The non-compete agreement states that I cannot perform the same or similar d… Read More
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Categories: Employment Contracts
The Family Medical Leave…

The Family Medical Leave Act: Understanding Your Right to Job-protected Leave

July 3rd, 2019
Human Resources told me that I did not qualify for leave under the FMLA because I had worked full time at the company for 11.5 months only. At the end of my six-week leave period, Human Resources told me that the Company had decided to terminate me.… Read More
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Categories: Civil Rights, Employment Discrimination & Retaliation, FMLA

Is an Employee Entitled to Commissions Paid After Termination? It Depends.

July 13th, 2018
If you were a commissioned salesperson and you were separated from your job, you may wonder whether you’re entitled to receive the commissions you earned while employed, but that became payable after your separation. The answer to that question typ… Read More
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Categories: Business Law, Employment Contracts

Eleventh Circuit Halts Resegregation of Alabama Public High School

February 9th, 2018
Posted By
Louise N. Smith
The Eleventh Circuit recently overturned a district court’s decision to permit a public high school in a predominantly white city in Alabama to secede from the Jefferson County school system. See Stout v. Jefferson Cty. Bd. of Educ., 882 F.3d 988 (… Read More
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Categories: Civil Rights

Thou Shalt Not Discourage: An FMLA Cautionary Tale for Employers

January 20th, 2018
Posted By
Louise N. Smith
The Eleventh Circuit Court of Appeals recently vacated a district court’s summary judgment order on the basis that a jury could find that the defendant employer interfered with the plaintiff employee’s rights under the Family Medical Leave Act (F… Read More
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Categories: FMLA

No Joke. Hiring Policies that have a Discriminatory Impact on Older Job Seekers Are Lawful

October 12th, 2016
Posted By
Louise N. Smith
The Eleventh Circuit Court of Appeals, sitting en banc, recently affirmed a district court’s dismissal of a plaintiff’s disparate impact claim under the Age Discrimination in Employment Act (“ADEA”) because the plaintiff was a job applicant,… Read More
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Categories: Employment Discrimination & Retaliation

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