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“But My Co-Worker Did The Same Thing!”– Second Circuit Rejects Claims that...
Daniel SchwartzWhenever someone gets into trouble, we’ve all heard one phrase at some point or another, particularly as a parent or child: "But So-and-so Is Doing the Same Thing!" That is, at its...
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In Retaliation Cases, Timing is Everything, Except When the Second Circuit...
Daniel SchwartzSuppose an employee files a complaint against your company and it’s quickly dealt with. Now suppose, ten months later, that you, the employer, fire that employee – ostensibly for...
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Office Space: Reassignment of Office Enough to Establish Claim of Retaliation...
Daniel Schwartz A decision last week by the Second Circuit might seem fairly trivial. After all, the Court stamped a "summary order" in the case of Cunningham v. NY State Dept. of Labor (download...
View ArticleNew Second Circuit Decision Takes Some of the “Judgment” Out of the “Business...
Daniel SchwartzLet the politicians and the newspapers cite a new Second Circuit decision as being important for "saving jobs" in Connecticut. It makes for good press, but for employers, the decision...
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Musings from the Second Circuit
Daniel SchwartzToday, I had the opportunity to argue in front of the Second Circuit Court of Appeals in downtown Manhattan. (Hence the reason for the sparseness of posts lately). Although I have...
View ArticleSecond Circuit: Repeated Use of “Bitch” May Be Enough to Create Hostile Work...
Daniel SchwartzIf you’re an employer with an appeal to the Second Circuit, having the EEOC write a brief on behalf of the Plaintiff-employee is not one of those things that portends well for the case....
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Employer Who Fired Returning Reservist Did Not Violate USERRA
Daniel SchwartzUSERRA (quick, name that acronym, answer down below) is a oft-misunderstood federal statute that addresses employment issues for reservists and active duty members of the armed forces....
View ArticleBreaking: D.C. Circuit Blocks NLRB Posters
Daniel SchwartzUpdate: Late yesterday afternoon, the NLRB officially delayed implementation of the rule. No new date has been set. The NLRB developments keep coming fast and furious. This morning,...
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Is Being On Time an Essential Function of Job? Second Circuit Says Most Times...
Daniel SchwartzI’m late / I’m late / For a very important date. / No time to say “Hello, Goodbye”. / I’m late, I’m late, I’m late. — White Rabbit, from “Alice in Wonderland” (1951) Let’s start with...
View ArticleBreaking: No NLRB Union Posters, Says Appeals Court
Daniel SchwartzA while back, the NLRB proposed that all employers would need to put up posters detailing employee rights to form a union. If employers did not, then the employers could be subjected...
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