Category: Employment Law

Retaliation in the workplace

We previously wrote here about retaliation against an employee who complains of discrimination. On June 28, 2019, the Fifth Circuit Court of Appeals issued its opinion in Kraft v. The University of Texas Medical Branch, et al. In that opinion, the Court applied the law of retaliation. The facts in Kraft. In May of 2014, [..]

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Retaliation in the workplace.

We previously wrote here about Title VII, a federal law that prohibits employment discrimination based on race, color, religion, sex and national origin. Today, we discuss the related concept of an employer’s retaliation against an employee who exercises her rights under Title VII. Under federal law, it is unlawful for an employer to discriminate against [..]

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Sexual harassment in the workplace by third parties

We previously wrote about the law of sexual harassment here. Not surprisingly, most claims of sexual harassment are directed against an employee’s supervisor or co-worker. Title VII’s prohibition on sexual harassment, however, is not limited to misconduct by a supervisor or coworker. A claim can also arise when a third party, such as an independent [..]

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Denied Social Security?

Denied Social Security Benefits? If you were denied a disability claim (SSDI); don’t give up. There is an appeal process. Hire an attorney to discuss your case. This matter is time sensitive in determining your onset date of disability. You worked for years with the understanding that you have insurance; it is not called social [..]

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Need a clean record?

Need a clean record? You can expunge the record of certain convictions, and most arrests, by petitioning the court who had original jurisdiction. State laws define whether or not you can qualify. For example, in Mississippi, you can expunge the convictions of felony bad check, simple possession of a controlled substance, felony false pretense, grand [..]

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Exceptions to at-will employment

Exceptions to at-will employment Mississippi follows the common law rule that employment contracts drafted with indefinite terms regarding duration may be terminated at the will of either party. Butler v. Smith, 35 Miss. 457, 464 (1858). This is commonly referred to as “at-will” employment, and is the norm in States whose legislature does not tend [..]

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Can my employer deny me overtime by putting me on a salary?

I see this question frequently. Let me start by saying that if the Fair Labor Standards Act (“FLSA”) requires that you be paid overtime, your employer cannot escape that obligation by simply paying you a salary. Many employers believe that, however, because the FLSA does exempt certain salaried employee from the overtime requirements. When is [..]

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Wrongful termination in Mississippi

Very often, when someone is fired from their job, they believe it was “wrongful”. It is important to keep in mind that the term “wrongful” has a specific legal meaning that differs from the everyday use of the word. In the dictionary, “wrongful” mean something that was unfair or unjust. Quite often, when someone is [..]

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