Once an employee requests an accommodation, the employer has a duty to engage in an “interactive process” to try to determine whether the employer can accommodate the employee’s disability...more
7/6/2022
/ Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Disability ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Interactive Process ,
Medical Leave ,
Reasonable Accommodation ,
Reversal ,
Summary Judgment
Employee attendance problems are probably the most common reason for disciplinary action and discharge. Yet many employers pay surprisingly little attention to their attendance policies. I often see policies consisting of...more
As this recent case demonstrates, consistent documentation can be your saving grace in defending a wrongful termination lawsuit, while inconsistent enforcement of rules can be your downfall.
Facts -
Ramona DeBra worked...more
2/7/2019
/ ADEA ,
Adverse Employment Action ,
Age Discrimination ,
Appeals ,
But For Causation ,
Documentation ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Performance Improvement Plans ,
Poor Job Performance ,
Preponderance of the Evidence ,
Summary Judgment ,
Trial Court Orders ,
Wrongful Termination
It’s hard to believe another year is coming to a close, but here we are. As part of my personal year-end celebration, I have prepared an informal ranking of the top mistakes I’ve tried to help clients avoid, correct, or...more
1/7/2019
/ Americans with Disabilities Act (ADA) ,
Email Policies ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Job Applicants ,
Job Descriptions ,
Misclassification ,
Screening Procedures ,
Wage and Hour ,
Wrongful Termination
A recent decision by the Court of Appeals of Tennessee, in which the employer prevailed in a retaliatory discharge claim, demonstrates the importance of (1) maintaining confidentiality of workplace investigations and (2)...more
8/3/2018
/ Appeals ,
Burden of Proof ,
Confidential Employer Investigations ,
Employer Liability Issues ,
Hiring & Firing ,
Hospitals ,
Human Resources Professionals ,
Poor Job Performance ,
Protected Activity ,
Race Discrimination ,
Racist Remarks ,
Retaliation ,
Salespersons ,
Workplace Investigations ,
Wrongful Termination