Termination

RECAP: Employers That Drug-Test Employees Post-Accident: New OSHA Rule Effective Jan. 1, 2017

The Occupational Safety and Health Administration (“OSHA”) joined the several other divisions of the Department of Labor in publishing regulations that prohibit or severely restrict employment policies that have been in place – and legal – for years. In May 2016, OSHA published a new rule addressing retaliatory conduct and electronic reporting of occupational injuries …

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An FMLA Primer: Notice and Communication Under FMLA

The Family and Medical Leave Act (FMLA) is one of the more difficult laws for employer compliance. The regulations are long and convoluted and filled with traps for employers. The record keeping is a headache. The breadth of coverage creates opportunities for abuse by employees skilled at gaming the attendance system. And now, in a …

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Safety First: How to Keep the Workplace and Your Employees Safe

If you have any exposure to the daily news or, in some places, just look out your window, you can find more than ample proof that the world is a scary place. Life can be dangerous and difficult, and everyone is constantly looking for ways to minimize their risk. Recent Shooting Sparks Concern Sometimes our …

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Excellent Example of How NOT to Handle ADA Matters

An alcoholic employee disclosed his dependency issues to his employer. After completing treatment, the employee was terminated. Add suspected associational discrimination to the mix, and the employer finds itself in hot water over alleged Americans with Disabilities Act (ADA) violations. Employer Pins Rate Hike on Employee’s Daughter In February 1982, Damon Adams began working at …

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Court Restores Unemployment for Worker Who Didn’t Return From Leave

While this is a Tennessee case, it is highly advisable to check your local state requirements as they likely are very similar. Under Tennessee law, a former employee isn’t eligible for unemployment benefits if she left her most recent job voluntarily without good cause connected to her work. However, the law creates an exception to that …

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7th Circuit Issues Guidance to Employers Facing ADA “Regarded As” Claims

A recent case decided by the U.S. 7th Circuit Court of Appeals provides helpful guidance for addressing “regarded as” disabled claims brought under the Americans with Disabilities Act (ADA). In defending its adverse actions against the employee, the employer rejected his claim that it regarded him as disabled because his impairment was both “transitory” and …

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Was the Firing of a Warehouse Worker Really Because He Stole Candy (Pretext) or Did the Company Want to Shed an Older Employee?

Tomas Alarcon, 59, alleged that Professional Plastics Inc., fired him because of his age and tried to cover it up by claiming that the basis for his termination was stolen candy. Alarcon worked for nine years in the shipping department and admitted that he took a small box of candy from a communal table where …

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California Employer LAWlert: FAILURE TO RETURN FROM A LEAVE OF ABSENCE- Don’t Be Quick to Terminate

Although the following case involves a California employer and California’s version of the ADA, this Alert is relevant to companies nationwide who are subject to the ADA and state equivalents. In Sanchez v. Swissport Inc., employee Sanchez, alleged that she was discriminated against in violation of California’s Fair Employment and Housing Act (FEHA).  FEHA is …

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Employee Complaints Need to Be Taken Seriously

The current case of Butler v. FedEx Corp., involves an employee, Lynette Butler who worked for FedEx Trade Networks Transportation & Brokerage Inc. for 17 years until she was fired on November 2012. In 2010 Butler was assigned the position of transportation supervisor, where she approved driver timecards and monitored costs. In the course and …

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