Can you prove pretext based on a company's history?

Maybe. An employee who is bringing a claim of retaliatory termination must generally demonstrate four things in order to get a finding of...

What to do about being discriminated against by marital status when there is no rule in the employee handbook?

It is legal for an employer to have and enforce a rule about not employing two people who are married to each other. The general legal rule is...

RACISM

In order for discriminatory behavior to be bad enough that you could successfully sue the employer, it has to be either (a) severe, or (b)...

My company is making me call my boss and said email is not a form of communication. Can they require me to have a phone?

Your employer can legally impose whatever notice and call-in procedures it wants to impose, including the requirement that you call from a telephone.

Am I owed pay for this?

No. When you are traveling on the employer's business, the hotel counts as your "house" for purposes of the wage and hour laws. Your employer is...

You can fire an employee whose drug use affects his work performance. - It does not matter that the employee used the drug on his personal...

Personally, I have a strong preference for arbitration over trial, as long as I have confidence in the arbitrator. (JAMS has an excellent...

The conduct you have described does not meet the legal standard of libel. In order for the statement to be libel under the circumstances you have...

What are my options for an employer whose HR director stated it would "be highly unlikely that you will qualify for FMLA?'

Red tape is one of the hallmarks of the FMLA. If you had the paperwork in your hands and didn't fill it out, it is unlikely that you will be able...

29 CFR 1614.109(g) is a federal regulation that permits the ALJ to decide that the parties agree on all of the relevant facts, and to issue a...