Is Refusing to Allow an Employee to Work From Home a Violation of the ADA?
Posted on July 26, 2017
Posted in Americans with Disabilities Act (ADA)the situation You have an employee who is responsible for overseeing a certain worksite. She ends up suffering an injury which causes her to be unable to make the commute into work. You allow her to work from home for a period of time, but at some point conclude that you really need someone in […] READ MORE
Is it Retaliation to Fire A Supervisor For a Fabricated Sexual Harassment Report?
Posted on June 28, 2017READ MORE
So What Exactly Can You Say About a Terminated Employee?
Posted on June 7, 2017
Posted in Otherthe situation You have an employee who is struggling to meet performance goals. After trying to address the deficiencies in his performance, you end up concluding that it just is not a good fit. You give the employee a termination notice, deciding that it is preferable to just cut your losses. So what exactly can […] READ MORE
FMLA Retaliation Claim Even Where Actual Decisionmaker Didn’t Know About Use of Leave?
Posted on May 3, 2017READ MORE
Calling Your Boss a Nasty Motherf**ker is Protected Activity?
Posted on April 26, 2017READ MORE
Despite Serious Documented Performance Issues, Reference to Medical Leave May Mean FMLA Retaliation Claim
Posted on March 22, 2017READ MORE
Firing Six Weeks After Charge Enough to Show Retaliation?
Posted on March 8, 2017READ MORE
Half a Million Dollars for Pregnancy Discrimination Claim Against Chipotle
Posted on August 10, 2016
Posted in Pregnancy Discrimination Act (PDA)the situation One of your employees announces she is pregnant. Not long after, she complains that ever since she announced her pregnancy, her manager has been treating her differently, including not allowing her to take bathroom breaks. What sort of exposure do you have? READ MORE
Is Advance Notice of Termination Required?
Posted on June 15, 2016
Posted in Otherthe situation Based on your current business needs, you decide to terminate a long-standing employee. You make the termination effective immediately. Does the employee have a right to claim that she should have been given advance notice of her termination? READ MORE
Did She Quit or was She Fired? In FMLA Context, Could Mean Liquidated Damages
Posted on March 16, 2016
Posted in Family Medical Leave Act (FMLA)the situation Your HR Director is under a lot of stress—both based on some personal issues and some issues between her and the CEO. According to the CEO, during a heated conversation, she quits. She claims she just told the CEO that she was thinking of quitting and that she was actually fired when she […] READ MORE