Arbitration: What Is It?
An arbitration agreement is simply a contract or provision of a contract that requires disputes to be resolved through a process called “arbitration” rather than in court. Arbitration agreements frequently appear in both employment discrimination and construction defect cases. In many ways the arbitration process mirrors that of the court process, however,...
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Age Discrimination: Too Old, Too Experienced, Too Expensive
Age discrimination occurs when an employer treats an employee less favorably because
of their age. While discrimination can affect workers of any age, federal law focuses specifically
on protecting older workers. Pursuant to the Age Discrimination in Employment Act (ADEA), it
is illegal for employers to discriminate against individuals who are 40 years old or...
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of their age. While discrimination can affect workers of any age, federal law focuses specifically
on protecting older workers. Pursuant to the Age Discrimination in Employment Act (ADEA), it
is illegal for employers to discriminate against individuals who are 40 years old or...
The Duty to Mitigate: Protecting Your Rights and Your Case
When someone is wrongfully terminated from their employment, they often think the next step is simple: file a claim and seek compensation for the harm suffered. While those steps are seemingly simple, there is an important legal principle that can significantly impact the value of your claim: the duty to mitigate damages.
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Is An Unfair Write Up Illegal?
Receiving an unfair write up does not mean you automatically have a legal claim against your employer. In determining whether an unfair write up is legal you have to ask yourself a few questions:
1. Have I recently complained of discrimination?
2. ...
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What is a wrongful termination in Alabama?
One of the most common questions we receive from potential clients is how they determine whether they have a case for wrongful termination in Alabama. Losing your job can be one of the toughest experiences in life. It is very rare when an employee agrees with the reason for termination and sometimes...
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Ten Tips to Protect Yourself from Employer Retaliation
Not all complaints regarding your job are protected from retaliation. Only specific complaints relating to discrimination (race, gender, age, religion, disability) or certain types of harassment (sexual or discrimination based harassment). In Alabama, there is no protection against general harassment in the workplace.
Once you...
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EEOC Files Sexual Harassment Case against Alabama Company
On September 26, 2018, the EEOC filed a lawsuit against Sys-Con, LLC (“Sys-Con”) based on allegations of sexual harassment that took place at the Montgomery, Alabama Hyundai plant. The complaint alleged that two female employees were sexually harassed by their male supervisor. The female employees claim that a Sys-Con supervisor repeatedly pressured...
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Sexual Assault
Not all sexual harassment cases and sexual assault cases involve employment situations. While the Federal Laws that protect against sexual harassment only apply to employment situations, there are Alabama state law claims that victims of sexual harassment and assault can bring in certain circumstances.
Our firm recently...
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Religious Discrimination
Not only do employers have a legal obligation to reasonably accommodate employees’ religious beliefs and practices, but employees also have a duty to make a good faith effort to consider accommodations offered by their employer. For example, On June 27, the 11th Circuit Court of Appeals ruled in favor of a Florida...
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Birmingham EEOC Office Files Lawsuit Alleging Disability Discrimination and Genetic Information Discrimination
In September, the Birmingham, Alabama office of the EEOC filed a lawsuit against Dollar General alleging the company violated federal law when it rescinded job offers to applicants whose medical examinations revealed they had disabilities. These examinations also unlawfully solicited family medical history from such job applicants, a form of genetic information.
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