Employer Liability Issues, Poor Job Performance, Employment Litigation

[Event] Workplace Horizons Extension: Bay Area - September 9th, Menlo Park, CA

Jackson Lewis P.C. on 8/13/2025

The leading educational and networking event — from the premier firm for employment + labor law — comes closer to you regionally and topically. The benefits of Jackson Lewis’ annual Workplace Horizons conference in New York...more

Seventh Circuit: A “Do-Over” Is Not an Accommodation

Seyfarth Shaw LLP on 10/31/2024

The Seventh Circuit’s recent decision – holding that an employee’s request for a second chance that allows them to change their behavior to meet employer expectations is not a “reasonable accommodation” under the ADA –...more

Terminated employee with bad attitude fails on religious discrimination claim

McAfee & Taft on 7/15/2022

A car salesman who was terminated following customer complaints of a bad attitude cannot get to a jury on his religious discrimination claim according to the Tenth Circuit Court of Appeals. The Tenth Circuit, which covers...more

Employee’s single doctor’s note not enough to save ADA case

McAfee & Taft on 2/15/2021

The Tenth Circuit Court of Appeals recently considered—for the second time—an employee’s claim that she had been terminated in violation of the Americans with Disabilities Act (ADA). According to the court’s summary,...more

Federal Court Decision Highlights Challenges of Dealing With Employee Performance Issues While an Employee Is on FMLA Leave

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/21/2020

Addressing performance issues of employees who are on leave under the Family and Medical Leave Act (FMLA) can present challenges for employers. An employer may discover, for instance, that prior to going out on FMLA leave, an...more

A New Road Map for Disciplining Employees for Reasons Unrelated to Their Disability

Parker Poe Adams & Bernstein LLP on 3/6/2020

Some of the most frequent questions we receive from employers involve managing the performance of employees with medical issues. While employers understand their nondiscrimination obligations under the Americans with...more

Increased Scrutiny and Write-Ups Lead to Retaliation Verdict

Parker Poe Adams & Bernstein LLP on 8/12/2019

Here is a scenario we commonly face with clients: A poor-performing employee has not quite reached the point of termination. Just prior to a final decision on her employment, she goes to the Human Resources Department to...more

ADA Litigation Lessons Surfaced From a Zamboni Machine

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/5/2019

Employers, you see this movie all too often. You tolerate, and then ultimately discharge, a poor-performing employee who displays a bad attitude. Unfortunately, supervisors have not documented the employee’s prior instances...more

Red Flag: When An Employee Raises ADA Issues During Disciplinary Meetings

Fisher Phillips on 6/12/2019

The need to consider Americans with Disabilities Act (ADA) accommodations can happen at any time during the employment relationship. Generally, an employee will ask for an accommodation before problems with performance...more

6th Circuit Credits Documentation in Age Discrimination Case

Butler Snow LLP on 2/7/2019

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

Court Grants Summary Judgment Where Decision-Maker Was Unaware Of Plaintiff’s Medical History

Jackson Lewis P.C. on 1/2/2019

Employers often are reluctant to take adverse actions against poorly performing employees with a history of medical conditions due to the cost and risk involved in litigation (even though no federal, state or local law is...more

Just What Does A Racially Hostile Environment Look Like? The Eleventh Circuit Provides Some Guidance

Bradley Arant Boult Cummings LLP on 10/4/2018

What constitutes a racially hostile work environment? Is one really bad comment specifically aimed at the plaintiff sufficient or do you need a sustained series of racial comments? What if you have both but no evidence that...more

Employer Liability Issues › Poor Job Performance › Employment Litigation

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