Sometimes an employee who is released from service for good cause complains that the real reason for the employer’s decision is retaliation for her attempt to protect the public. “I’m a whistleblower!” the disgruntled former employee proclaims. “Look at all the terrible misconduct the employer was trying to cover up!”
Category: Employment Law
The Kentucky Court of Appeals recently upheld the termination of a nurse who unintentionally disclosed a patient’s confidential health information while she was conducting a procedure.
Employees of a cheese manufacturer decided to break into the food safety business while they were still employed by the company. The employer suspected cheese sabotage when it discovered its food safety and cheese-making manuals in the employees’ workspace and terminated their employment.
The Ohio Supreme Court recently held that an employee was required to honestly answer registration application questions about sealed convictions that were directly and substantially related to his position. Was his failure to disclose the convictions grounds for termination?
In a recent decision, the U.S. 5th Circuit Court of Appeals—which covers Louisiana, Mississippi, and Texas—addressed claims brought under the Americans with Disabilities Act (ADA) by an employee who had a noticeable stutter. The employee alleged his employers failed to accommodate his disability and subjected him to a hostile work environment.
New guidance from Attorney General Jeff Sessions on religious liberty in employment “signals a shift in federal employment law and policy,” according to an attorney who focuses on employment law.
Massachusetts Gen. L. Ch. 151B is the state statute that prohibits discrimination based on disability, and the interpretation of that statute sometimes differs from the federal Americans with Disabilities Act (ADA). One area where the two statutes diverge is an employer’s obligation to transfer an employee to a vacant position.
The U.S. 7th Circuit Court of Appeals—which covers Illinois, Indiana, and Wisconsin—recently decided an interesting and complex case involving allegations of age discrimination. Retirees who continued to work part-time for an Indiana county argued the county violated the Age Discrimination in Employment Act (ADEA) when it terminated them to save money on health insurance benefits.
U.S. Attorney General Jeff Sessions’ announcement changing his department’s position on transgender employment discrimination marks a change in the legal landscape, but it doesn’t alter employer obligations under various state and local laws or the position taken by other federal agencies.
A continuing point of contention in employment law revolves around who is an employee versus who is an independent contractor. The issue seems to come up often in wage and hour cases and workers’ compensation or unemployment claims.