Tag: Case Study

Case Study: When Discussing Accommodations, Follow Interactive Process

The Americans with Disabilities Act (ADA) and Massachusetts General Law Chapter 151B (Chapter 151B) both require employers to provide reasonable accommodations absent undue hardship to employees and to engage in an interactive dialogue with those who need a reasonable accommodation. Employers that fail to do so face legal liability. The recent jury verdict in Menninger […]

marijuana

A Cautionary Tale Regarding the ‘Reasonable Belief’ Doctrine

On January 31, the Sixth Circuit published a cautionary tale regarding the “reasonable belief” doctrine involving an employer that fired a disabled employee for a positive drug test for “marijuana.” Airgas USA Sued for Disability Discrimination Over Employee’s Hemp Use In Fisher v. Airgas USA, LLC, Fisher was an operation technician who used power tools, worked […]

Case Study: Alcoholic Employee Must Meet Employer’s Performance Standards

A recent federal court decision notes that disabled employees or employees with substance abuse problems must comply with an employer’s policies and meet reasonable performance standards. Stephen Drizos, a long-term employee and financial advisor for PNC Investments, suffered from alcoholism. Some years after he began his employment, his alcoholism started to impact his attendance at […]

Whistleblower Retaliation Burdens of Proof: Murray v. UBS Securities

On May 1, the Supreme Court granted certiorari in Murray v. UBS Securities. Murray is a whistleblower retaliation case brought under the Sarbanes Oxley Act (SOX).  Plaintiff Trevor Murray alleges he was terminated in retaliation for raising concerns to his supervisor about his employer (UBS) committing fraud on shareholders. The jury delivered a $1 million […]

Case Study: Could Subjective Criteria in Workforce Decisions Be Problematic?

Mergers and acquisitions bring lots of financial opportunity, but they can sometimes result in upheaval in the workforce as the new entity determines whether it will operate the business differently from its predecessor. If the new business decides to change the workforce, how should it make those decisions? A recent appeals court opinion sheds some […]

True or False: Opposing Discrimination Gives Green Light for Employee Misconduct

Here’s an urban myth: An employee who opposes potential employer discrimination must be treated with kid gloves after complaining. The U.S. 5th Circuit Court of Appeals (whose rulings cover Texas employers) recently stated that this proposition is, indeed, a myth. Oppose, Oppose, Oppose Emilio Lira worked as a financial advisor for Edward Jones. Between November […]

culture

Culture is Merriam-Webster’s Word of the Year—For Good Reason

Largely due to its tracking of which words were looked up the most, 2 years ago Merriam-Webster announced “Culture” as its Word of the Year.  Chosen at the end of each year, the word serves as a snapshot of what people have been thinking about and talking about for the past 12 months, and what […]

Handbooks and the NLRA—Some Examples for Revision

In yesterday’s Advisor, BLR® Legal Editor Holly Jones, JD, presented new National Labor Relations Board (NLRB) guidelines for employee handbooks; today, we share the rest of Jones’s analysis, including specific examples of proper wording of policies—and ways to effectively revise unlawful phrasing.

More Pay? No, Better Recruiting

Case Study: Company Situation A large high-tech firm was experiencing a significant amount of annual turnover by their sales reps, says DiMisa, who is senior vice president and the head of the Sales Force Effectiveness Practice at Sibson Consulting. Initial analysis showed that the cost associated with the company’s turnover was more than $50 million […]