Is Refusing to Allow an Employee to Work From Home a Violation of the 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 that position that can be physically present at the worksite and so end up terminating her. Can she bring a claim under the ADA?…READ MORE
Is it Retaliation to Fire A Supervisor For a Fabricated Sexual Harassment Report?
The Situation: One of your supervisors reports that another employee has been sexually harassing several women working under him. Your HR director interviews each of these women and none back up this story. You then terminate the reporting supervisor based on her false report. Is this retaliation in violation of Title VII?…READ MORE
So What Exactly Can You Say About a Terminated Employee?
The 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 you say to your other employees about The Situation:?…READ MORE
FMLA Retaliation Claim Even Where Actual Decisionmaker Didn’t Know About Use of Leave?
The Situation: An employee requests and is approved for FMLA leave based on a mental health condition. While she is out, she accumulates a backlog of work. According to her supervisor, after she returns, she continues to have performance problems, including not meeting certain metrics and otherwise just not meeting his standards. Based on a recommendation from her supervisor, upper management decides to demote the employee. When performance issues continue, the owner decides to fire her, without any knowledge of her use of FMLA leave. Can this employee still make a case for retaliation under the FMLA?…READ MORE
Calling Your Boss a Nasty Motherf**ker is Protected Activity?
The Situation: An employee has a problem with the way he has been treated by a supervisor and decides to share his disdain for him on Facebook—calling the supervisor a “nasty motherf**ker” and also saying “F*ck his mother” and “f*ck his whole family!” Is this not a proper basis for termination?…READ MORE
Despite Serious Documented Performance Issues, Reference to Medical Leave May Mean FMLA Retaliation Claim
The Situation: An employee begins working as a sales consultant and from the beginning, has serious performance issues. She is given a number of warnings and even placed on an improvement plan. After she receives a final warning threatening termination if her performance does not improve, she submits a request for FMLA leave for some necessary surgery. The employer grants the request, but then terminates her soon after her return when it is clear her performance is not improving. But in the email sent up the chain recommending termination, the supervisor references the request for medical leave. Is this enough to support a retaliation claim, despite the clear (and well-documented) performance issues?…READ MORE
Firing Six Weeks After Charge Enough to Show Retaliation?
The Situation: An employee files an EEOC charge, claiming she was discriminated against based on her race. Because of some ongoing performance issues, you put her on a performance improvement plan three weeks later. Following the issuance of another written warning, you decide to terminate her, about six weeks after her charge was filed. Can she bring a retaliation claim based on the timing alone?…READ MORE
Half a Million Dollars for Pregnancy Discrimination Claim Against Chipotle
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?
The 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
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 subsequently tried to request FMLA leave based on psychological distress. What sort of FMLA claims could you face?…READ MORE