Tag Archives: Discrimination Claim

Termination Documentation

When terminating an employee, an employer should create documentation showing the reason for and circumstances relating to the termination. The documentation serves two purposes. First, it helps the employer remember why it terminated the employee, especially in situations where the original decision makers are no longer with the employer. Second, it will help the employer … Continue reading this entry

Expanding the Timer: Supreme Court Gives Employees More Time to File Claims

They say that timing is everything — or at least now it is for so-called “constructive discharge” claims. Last month, the United States Supreme Court, in a 7-1 decision, solidified the rule that the time within which an employee can file such a claim against his or her employer starts with the employee’s resignation from … Continue reading this entry

Job Applicant Not Hired by Private Employer Because of Bankruptcy Has No Discrimination Claim Under Bankruptcy Code

Job applicants’ claims for discrimination under the federal bankruptcy code are not recognized against private employers that deny employment because the applicants filed for bankruptcy. Two recent federal appeals courts have upheld this rule — Rea v. Federated Investors  (3d Cir. Dec, 15, 2010) and Burnett v. Stewart Title, Inc. (In re Burnett) (5th Cir. … Continue reading this entry

Close Timing Not Enough to Support Discrimination Claim

Employers who propose to terminate an employee are often rightly concerned that the proximity of another event or protected activity may “insulate” the target employee from termination. However, as a recent federal court decision demonstrates, an employee’s claim will not always proceed merely because two events were close in time.… Continue reading this entry