Ellison McCoy

Jackson Lewis P.C.

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Latest Posts › Employer Liability Issues

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The Essential Role Of The Job Description

Failure to accommodate claims under the Americans with Disabilities Act frequently stand or fall on a determination of the essential functions of the position at issue. Since the ADA requires an employer to provide a...more

3/8/2018 / Americans with Disabilities Act (ADA) , Employer Liability Issues , Essential Functions , Failure to Accommodate , Job Descriptions , Reasonable Accommodation , Wage and Hour

Timing Is Everything: FMLA Claim Survives Summary Judgment Where Employer Began Auditing Employee’s Records The Day After FMLA...

Employees requesting, currently taking, or just returning from leave under the Family and Medical Leave Act (“FMLA”) can be terminated for legitimate reasons that are unrelated to their FMLA leave. This point is exemplified...more

11/22/2017 / Corporate Counsel , Employer Liability Issues , Employment Litigation , Family and Medical Leave Act (FMLA) , Hiring & Firing , Popular , Termination

That Stinks! EEOC Sues On Behalf Of Employee Denied Relief From Workplace Smells

On July 12, 2017, the EEOC filed suit in the Middle District of North Carolina alleging that an employer violated the Americans with Disabilities Act (ADA) by refusing a request to telecommute from an employee with a...more

7/14/2017 / Americans with Disabilities Act (ADA) , Employer Liability Issues , Equal Employment Opportunity Commission (EEOC) , Reasonable Accommodation , Telecommuting

Employers Beware: Intermittent FMLA Absences Not Subject to “Proof of Need”

On January 27, 2017, the Eleventh Circuit Court of Appeals issued a decision that provides a cautionary tale to employers about seeking documentation from an employee on intermittent FMLA leave. In Diamond v. Hospice of...more

3/17/2017 / Employee Rights , Employer Liability Issues , Family and Medical Leave Act (FMLA)

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