Common Questions Archives

Is it unlawful to fire an employee for exercising a right to obtain an employee benefit?

Section 510 of ERISA makes it unlawful for a person to “discharge, fine, expel, discipline, or discriminate against a participant or beneficiary for exercising any … Continued

I have never filed a lawsuit before and am worried about the stress. What should I expect?

The reality is that filing a lawsuit in court can be a stressful experience. What you want to have there is an experienced … Continued

What is at-will employment?

At-will employment means that an employee can be terminated at any time for any reason or for no reason at all. There are, however, many … Continued

Does a whistleblower’s disclosure of his misconduct deny the whistleblower protection under whistleblower retaliation laws?

No. The disclosure is still protected and the core issues will be whether the employer would have taken an adverse employment action against the employee … Continued

What is the impact of an offer of reinstatement?

If an employer makes an unconditional offer of full reinstatement and the former employee rejects the offer, the rejection of the offer can bar a claim … Continued

Can a false reason for an employment action prove discrimination?

Yes, if the jury finds that the reason the employer has given for taking an adverse employment action is unworthy of belief, the jury may, … Continued