Employment Archives

12 01, 2017

“I will get by, I will survive…” — Age Discrimination Case Survives Summary Judgment

By josejara2016|2017-01-11T11:05:19-06:00January 12, 2017|EPLI, Guest Blog|1 Comment

Given that baby boomers are living longer and wanting to work past the usual retirement age, and that 40 is the new median age in the United States, companies should expect to see an uptick in age related claims. A recent federal district court decision serves as a refresher course on age discrimination in the context of a failure to promote. In Gonzalez-Bermudez v. Abbott Labs. PR Inc., 2016 U.S. Dist. LEXIS 140536 (D.P.R. October 9, 2016), the United States District Court for the District of Puerto Rico denied the Defendant’s motion for summary judgment on the Plaintiff’s claim under [...]

You Snooze You Sometimes Lose: Court Enforces 6 Month Statute of Limitations with Respect to Section 1981 Claim But Not with Respect to Title VII Claim

By Jonathan Evan Goldberg|2016-08-31T08:31:17-05:00August 31, 2016|EPLI, Guest Blog, PL Insurance|0 Comments

Did you know that an agreement shortening the time within which to bring an employment law claim may be enforceable? Indeed, in Order of United Commercial Travelers of Am. v. Wolfe, 331 U.S. 586, 608, 67 S. Ct. 1355, 91 L. Ed. 1687 (1947), the Supreme Court stated with respect to contracts generally that “in the absence of a controlling statute to the contrary, a provision in a contract may validly limit, between the parties, the time for bringing an action … to a period less than that prescribed in the general statute of limitations, [if] the shorter period [is] [...]

Viability of Sexual Orientation Discrimination Claims: Venue Driven?

By Jonathan Evan Goldberg|2016-08-08T08:27:30-05:00August 8, 2016|EPLI, Guest Blog, PL Insurance|0 Comments

This is the first post by PLUS Blog contributor Jonathan Evan Goldberg, a litigation and employment law partner at FisherBroyles, LLP. An experienced trial lawyer and frequent public speaker, he has represented corporations, LLCs, partnerships, non-profits, law firms, and boards of directors, as well as officers, executives, attorneys, and others, in all aspects of complex commercial litigation, employment litigation, arbitration, and employment law. In addition, Mr. Goldberg serves as the President of the non-profit Cherub Improv and regularly teaches lawyers, entrepreneurs, corporate leaders, and members of the professional liability industry the basic principles of improv comedy, including teamwork, embracing creativity, [...]