On August 15, 2022, the U.S. Court of Appeals for the Fourth Circuit held in Roberts v. Gestamp West Virginia, LLC, that an employer’s “usual and customary” notice procedures relating to absences extended beyond the company’s...more
9/21/2022
/ Appeals ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Instant Messaging Apps ,
Interference Claims ,
Leave of Absence ,
Notice Requirements ,
Retaliation ,
Social Networks ,
Termination ,
Wrongful Termination
Want a road map for how not to react to a successful job applicant who announces her pregnancy immediately after receiving an offer letter? Look at the reaction of one prospective employer in Florida who recently settled a...more
On October 20, 2016, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) jointly issued a publication entitled “Antitrust Guidance for Human Resource Professionals” which, according to the opening...more
The Fair Credit Reporting Act (FCRA) was enacted to insure that consumer reporting agencies act with “fairness, impartiality, and respect for the consumer’s right to privacy.” But one federal court held recently that...more
Employers often associate a lack of integrity with counterproductive workplace behaviors, including theft and workplace violence. As a result, employers may be tempted to subject employees and applicants to so-called...more
The Third Circuit Court of Appeals recently upheld a lower court’s summary judgment decision, finding that an applicant who refused to complete an application without some guarantee that a particular individual would not...more
While the anti-retaliation provision of Title VII of the Civil Rights Act of 1964 does not prohibit all employer action after an employee has filed a discrimination charge or lawsuit, it precludes employers from taking an...more
The Seventh Circuit Court of Appeals recently overturned a lower court’s grant of summary judgment in favor of a home care agency, holding that a jury should be allowed to determine whether the agency’s reasons for firing an...more
In a case that underscores the inherent difficulty of implementing the Americans with Disabilities Act (ADA) in situations involving workplace safety issues, a federal district court in Connecticut determined that an...more
Is being licensed to drive a commercial vehicle an “essential function” of a warehouse manager’s position, even though that manager rarely is required to drive? According to the Eighth Circuit Court of Appeals, that answer...more
In a non-precedential opinion, the Third Circuit Court of Appeals recently upheld a hospital’s firing of a security guard who had admitted that he was a recovering drug addict. Because that firing was based upon the fact that...more
Based on the number of social media decisions from the National Labor Relations Board over the past two years, most employers understand that when employee Facebook postings constitute “protected activity” under the National...more
A federal district court in Ohio has refused to dismiss a complaint for religious discrimination made by a hospital employee after the employee was fired for refusing to be vaccinated for the flu. The basis of the refusal to...more
1/17/2013
/ Chenzira ,
Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Rule 12(b)(6) ,
Hiring & Firing ,
Motion to Dismiss ,
Reasonable Accommodation ,
Religious Discrimination ,
Termination ,
Title VII ,
Vaccinations ,
Veganism
The Eleventh Circuit Court of Appeals reversed summary judgment in favor of an employer, holding that a plaintiff’s testimony and evidence related to her transfer to a position of less responsibility upon return from leave...more
The Family and Medical Leave Act (FMLA) continues to create administrative challenges for employers. One particular issue of concern is the discipline and/or termination of an employee who has requested or is on FMLA leave....more
Recent court decisions related to employees’ online postings have centered on whether disciplinary decisions regarding those postings may violate the National Labor Relations Act (NLRA). The NLRA protects certain employee...more
To state a claim of interference under the Family and Medical Leave Act (FMLA), an employee must show that his or her employer denied benefits to which the employee was entitled under the FMLA. For example, an employee might...more
On September 28, 2012, a three-member panel of the National Labor Relations Board (NLRB) affirmed the decision of an Administrative Law Judge (ALJ) who upheld a car dealership’s firing of a salesperson that was based on a...more
An issue that confounds employers on a regular basis is whether the discharge of an employee who is unable to return to work after a medical leave will violate the American with Disabilities Act (ADA). Most employers...more
The FMLA permits eligible employees to take up to 12 workweeks of leave during a 12-month period if a “serious health condition . . . makes the employee unable to perform the functions of [his or her] position.” Employers are...more