03/18/2021
A former manager at a New York ice cream shop filed a lawsuit alleging that he was fired in retaliation for speaking up about instances of sexual harassment and unsafe COVID-19 workplace protocols at the company. The “and” is vitally important.
03/18/2021
When it comes to the FMLA, courts will always pull out their calendars to see how closely the employee’s protected activity (requesting or taking FMLA leave) coincides with the adverse action handed down by the employer (discipline, termination, etc.). The smaller the time, the bigger your risk of losing an FMLA-retaliation lawsuit.