'Disability association' claim won't fly, judge says
A manager of a regional airline has lost his suit claiming that he’d been discharged on account of his wife’s disability.
Termination
'How can he sue for FMLA interference? He didn't even see a doctor'
Here’s a lawsuit that’s sure to frustrate the heck out of some HR pros. But it also provides a valuable lesson: When a termination involves medical issues, take the time to gather all the facts.
'How's that NOT harassment? He put his hands on her'
When is putting your hands on a co-worker and preventing her from leaving the room NOT sexual harassment?
'Put on your big boy pants': Takeaways from man's retaliation suit
When a male employee in a predominantly female workforce voices a gender discrimination complaint, it’s probably not the best idea to tell him to “suck it up” and “put on your big boy pants.”
'She never reported harassment': A 3-factor test determined who's liable
Imagine being sued by an employee who claims she was sexually harassed, but she never bothered to report it to anyone. Your company won’t be held liable, right? Well, you’ve got to pass a three-pronged test first, according to the 4th Circuit Court of Appeals.
'She's taking leave where?' Firing for FMLA abuse leads to lawsuit
Behold the perils of dealing with the FMLA in the Golden Age of Employment Litigation: After clearly catching its employee in the act of FMLA leave abuse, this employer still got sued.
'Social anxiety disorder' is qualifying condition under ADA: Court
The definition of disability — the kind employers have to make an effort to accommodate — just keeps getting wider and wider.
'Tell me I'm fired after the beep'
No manager or HR pro likes to deliver bad news. But it’s still better than the fallout when no one owns up to the task.
'There is no probationary status under the ADA'
HR pros are already well aware that when a disabled employee’s FMLA leave expires, he or she may be entitled to additional leave as a reasonable accommodation under the ADA. But a new EEOC lawsuit shows that leave may be an option even when workers aren’t eligible for FMLA protections.
'We didn't know he was disabled: Do we have to accommodate him?'
Here’s more disappointing proof that employees (or rather, ex-employees) will sue you for just about anything these days. The more disturbing fact: Sometimes, seemingly ridiculous lawsuits are found to have merit.
'You can never drink alcohol again': Was company's requirement legal?
Could this company really forbid one of its employees from drinking alcohol — both on the job and off the clock?
'You can't fire me, I'm on FMLA': Was mistake-prone worker correct?
As you know, taking FMLA leave can’t completely shield an employee from termination, especially when the person’s performance warrants him or her being fired. But the FMLA very much complicates the matter. So what do you need to be able to safely let under-performing FMLA-takers go?
10 Crucial steps when you're hit with an EEOC complaint
How employers respond to an Equal Employment Opportunity Commission complaint often spells the difference between a speedy, successful defense and a nightmare investigation. A disgruntled employee goes to the EEOC and files charges of bias. Here’s how to respond: Tell the whole story. Because an EEOC charge often contains just one or two paragraphs, companies […]
13 Things You Need to Survive a DOL Audit
Do you have what it takes to make it through a retirement plan audit unscathed? A labor and employment law attorney has revealed the secrets to shrugging off the DOL’s compliance cops.
15 ways to avoid feds' independent contractor wrath
Working with independent contractors? Here are 15 ways to ensure you don’t end up as the next write-up on the Department of Labor’s website for misclassifying them as employees.
18 states usher in new year with minimum wage increases
If your business is located in a state, city or county that just bumped up the minimum wage on January 1st (and a lot of them are), you’ll want to make sure all of your relevant pay documents reflect the change.
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