Stick to Your Story: Employer’s Shifting Termination Justifications Can Cause Employer to Have to Explain Its Discharge Decision to a JuryIf you want to avoid potential liability from a former employee, remember a key maxim: Stick to your story about why you made the employment decision. If an employer shifts rationales for its decision or tries to pile on by adding new reasons after the fact, it will likely have to explain itself to a

Exit EEOC? Supreme Court Rules that Charge-Filing Process Is Not Jurisdictional, But It’s Still ImportantIn a case that garnered big headlines, the Supreme Court weighed in yesterday on whether a claimant’s failure to amend her EEOC charge divests the federal court from hearing part of her Title VII claim. While the decision makes some strong statements about the purpose of an EEOC charge in Title VII litigation, it is

Terminating an Employee on Maternity Leave and Winning the Case: The Eleventh Circuit Affirms a Jury Verdict for Winn-DixieAn employee is on maternity leave and it does not look like she is going to be returning to work. Should you go ahead and terminate her employment during the maternity leave? Wait until it is over to terminate her employment? Require her to come in for an exit interview? Almost all of my clients