Employers often ask, “If at-will employment is the law of my state, why do I need documentation for a termination?” It’s a fair question . I ntuitively, documentation does not seem to be necessary under the law of at-will employment . The truth is, however, that a lthough...
A recent federal district court of Colorado decision is a reminder that for an employee’s retaliation claim to succeed as a matter of law, the alleged underlying discriminatory event cannot be too remote in time. In Tiger v. Powell , 2022 WL 4182413 (D. Colo. Sept. 13, 2022), a former sheriff’s...
Employers subject to the Family and Medical Leave Act (FMLA) are aware that it prohibits them from retaliating against employees for taking FMLA leave. This prohibition ordinarily applies, for instance, when an employer adopts an immediate supervisor's recommendation to fire an employee for...
In a new Field Assistance Bulletin (FAB) 2022-20, the Wage and Hour Division (WHD) of the U.S. Department of Labor reinforced its commitment to fully enforce the retaliation provisions of the laws the Agency oversees. The laws include the Fair Labor Standards Act (FLSA) and the Family and...
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