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Termination › Summary Judgment › Evidence

Constangy, Brooks, Smith & Prophete, LLP

Adverse employment actions require a decision maker. Make sure you have one.

Constangy, Brooks, Smith & Prophete, LLP on

Among the first questions I ask when investigating a lawsuit accusing my client of discriminatory conduct is, “Who made the decision?” The reasons are simple. First, an adverse employment action – like termination,...more

Littler

Seventh Circuit to Plaintiffs: Here's Your Burden of Proof

Littler on

Most employees who file employment discrimination claims hope for one of two things – a really sympathetic jury or an employer that is willing to generously settle the lawsuit to avoid the risks and uncertainties of trial. ...more

Proskauer - Whistleblower Defense

N.D. Ill. Denies Employer Summary Judgment On Retaliation Claim, Stressing Shifting Explanation For Discharge

Proskauer - Whistleblower Defense on

The U.S. District Court for the Northern District of Illinois recently ruled that a retaliation claim survived summary judgment because of the “convincing mosaic” of evidence of retaliation the Plaintiff presented,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Assignment to a Lesser Position Upon Return From Leave May Support FMLA Interference Claim

Ogletree, Deakins, Nash, Smoak & Stewart,... on

The Eleventh Circuit Court of Appeals reversed summary judgment in favor of an employer, holding that a plaintiff’s testimony and evidence related to her transfer to a position of less responsibility upon return from leave...more

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