Among the provisions employed increasingly by employers is the “claw back” provision. Under the typical claw back provision, the employee agrees to a certain salary or wage. The employer then requires the employee to agree that if the employee fails to provide a notice of resignation within a certain amount of time, or if the
Fifth Circuit Finds Equitable Tolling When EEOC Makes Error
For those of us who deal with the Equal Employment Opportunity Commission regularly, that can be a lesson in futility. Like too many agencies, they are assigned too many cases and are expected to do too much with too little. So, it is not surprising that the EEOC folks do make their share of errors.
Punitive Damages Award Requires Evidence of Conscious Wrongdoing
I tell my clients regularly that even when a plaintiff wins, most juries do not award compensatory damages or punitive damages. Punitive damages are rare in employment cases. What would be required for a jury or judge to award punitive damages. We get a look at what is required in Rhines v. Salinas Construction Technologies