The two-day mistake that sent retaliation claim to trial
Two days. That's the entire gap between John Shoemaker asking McKesson Corp. for FMLA leave and McKesson telling him he was fired. A fe...
Topic: retaliation
Yes, it's your laptop. No, you shouldn't necessarily sue to get it back.
By Jon Hyman
Your former employee sues you for discrimination and retaliation. You respond by … suing her over a laptop. That's the latest wrinkle in...
A labor union retaliated against its own union employee. The irony writes itself.
By Jon Hyman
"Do as I say, not as I do." That may as well have been the management philosophy at United Food & Commercial Workers Local 7. ...
Why your noncompete agreement could become "Exhibit A" in a discrimination lawsuit.
By Jon Hyman
For years, employers have treated noncompete agreements as just another item in the onboarding paperwork. Hand over the offer letter, the ha...
Litigation is a strategy, not a reflex
By Jon Hyman
When an employee walks out the door holding your company's stuff hostage, you have two problems: (1) your property, and (2) the story yo...
A lesson on retaliation from the State of the Union
By Jon Hyman
A lawmaker sits silently during a high-profile speech. He holds up a simple sign protesting a racially offensive depiction of a former presi...
When does $5,000,000 not equal $5,000,000?
By Jon Hyman
Elizabeth Graham worked as a benefits generalist in the human resources department of Bristol Hospice Holdings. She filed (and later withdre...
Can you spot the difference between coincidence and retaliation?
By Jon Hyman
Have you heard about the small toy store owners in St. Paul, MN, who complained about ICE on their local news . They went on camera. They cr...
Filing an EEOC charge doesn’t automatically buy an employee job immunity
By Jon Hyman
Some believe that once an employee complains to the EEOC, discipline must stop. Supervisors must tread lightly. Performance problems must be...
4 solid steps to win your disability discrimination/reasonable accommodation case
By Jon Hyman
The 6th Circuit just delivered an opinion that reinforces two lessons employers should already know: accommodations require clarity and docu...
Microagressions as an adverse action
By Jon Hyman
A "microaggression" is a subtle, often unintentional comment or action that conveys bias or discrimination against a marginalized ...
Lessons from a recent retaliation case
By Jon Hyman
Dr. Carla Campbell-Jackson, a Black woman with 30 flawless years working at State Farm, found herself out of a job after raising concerns ab...
The two main reasons why employers shouldn’t retaliate
By Jon Hyman
Social media giant TikTok is in some legal hot water for its alleged mistreatment of its employees. According to NPR , two Black employees a...
Getting your termination ducks in a row
By Jon Hyman
Just because someone engages in protected conduct doesn't mean you can't fire them. It just means you better have your ducks in a ro...
There is no such thing as free speech at work
By Jon Hyman
"Having successfully settled my case with ESPN/Disney, I have decided to leave so I can exercise my first amendment rights more freely....
Here are 11.25 million reasons to settle a lawsuit
By Jon Hyman
Before I will bless a client's decision to terminate an employee, I always ask this question: "Tell me about the demographics — rac...
Please don’t use “fit” to justify an employment decision, no matter what the 4th Circuit just said
By Jon Hyman
"You're not a good fit." This statement could mean a lot of things. It could be innocuous description of a host of performan...
What can you do about employee mass protests? (Hint: not much.)
By Jon Hyman
The 25 employees of Mela Kitchen at Jack’s Hard Cider recently walked off the job in protest after owner Donald Hoffman created a new drink ...
“Entitlement to FMLA leave” is not a prerequisite to an FMLA retaliation claim
By Jon Hyman
The 6th Circuit revived the FMLA retaliation claim of an attorney fired immediately after she requested unpaid leave to care for her two-yea...
Bank properly terminates misbehaving employee despite FMLA leave, 6th Circuit holds
By Jon Hyman
In 2017, a series of personal adversities, including probation for an incident with a gun and an ex-girlfriend, cocaine use, and a DUI arres...