Falls Legal Article Published

The article below was published in the Summer 2015 edition of the South Carolina Labor & Employment Law Newsletter. New Fourth Circuit En Banc Decision Solidifies Changing Landscape Ashley L. Falls Falls Legal, LLC, Charleston, SC The Employment & Labor Law field has been abuzz the past few weeks over the Fourth Circuit’s en banc decision issued on May 7, 2015, in the case of … [Read more...]

“What to Expect During Your Employment Law Dispute” – Part 5: Mediation

The Local Civil Rules for the U.S. District Court for the District of South Carolina require that all civil cases be mediated with prior to trial. As many, if not most, types of employment cases are litigated in the federal courts, there is a good chance that you will attend mediation at some point in the course of your employment case. Mediation is an informal and confidential method of … [Read more...]

What To Expect During Your Employment Law Dispute – Part 2: Filing A Lawsuit

Welcome to Part 2 of our six part series on "What to Expect During Your Employment Law Dispute." Assuming you have received your "golden ticket" from the EEOC, discussed in Part 1, (and remember that some claims do not require you to file with the EEOC such as FMLA claims, wage claims/overtime issues, and breach of contract cases) it is now time to file your official lawsuit and get things … [Read more...]

Upcoming Series: What To Expect During Your Employment Law Dispute – Part 1: EEOC

For the next several series of blog posts, I am going to be discussing what you should expect to happen after you hire a lawyer for your employment law dispute (excluding federal employees).  The series will be divided into six parts: Part 1:  EEOC Proceedings Part 2:  Filing a Lawsuit Part 3:  The Discovery Process Part 4:  Summary Judgment- The "Mini-Trial" Part 5:  Mediation and … [Read more...]

How To Hire a Law Firm For your Employment Law Dispute

At Falls Legal we often receive questions from employees about various types of employment law issues.  These questions generally involve an employee who is experiencing a problem at work.  I find that preparing potential clients for the types of information we need to know and questions that they should ask is beneficial for everyone.  So here goes..... 1)  Don't use legal terms of art such as … [Read more...]

Supreme Court Revisits Retaliation

Retaliation claims under Title VII are one of the most frequently filed types of claims at the EEOC (31,000 in 2012), second only to claims of racial discrimination. A new ruling by the Supreme Court will likely curb these numbers sharply. The decision in University of Texas Medical Center v. Nassar, one of two employer-friendly opinions issued on the same day, is bad news for employees who feel … [Read more...]

Supreme Court Weighs in on Who is Considered a Supervisor for Purposes of Vicarious Liability under Title VII

Last week, the Supreme Court delivered an opinion in Vance v. Ball State University, answering the question of who qualifies as a “supervisor” under Title VII; their decision is going to have a big impact on dozens of active employment law cases. Title VII of the Civil Rights Act provides that it is “an unlawful employment practice for an employer . . . to discriminate against any individual with … [Read more...]

The ADA and the ADAAA

The ADA and ADAAA If you have a disability, you are protected under the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C.  § 12101, et seq. (1990), and the Americans with Disabilities Amendments Act of 2008 (ADAAA). These acts protect disabled but otherwise “qualified individuals” from discrimination in the workplace (employers with 15 or more employees). The ADA requires employers to … [Read more...]

What does “Wrongful Termination” really mean?

Being terminated from a job is never a pleasant experience. Many people feel their dismissal was unfair or they feel they have been wronged. When tensions are high and accompanied by a wide range of emotions, it may be difficult to determine what the next step is. However, just because you feel your discharge was unfair or unjust does not necessarily mean you have a legal case against your … [Read more...]