Tag: employer

termination

COBRA: Gross Misconduct Determinations Aren’t Always a Piece of Cake

A recent court opinion from the 9th Circuit U.S. Court of Appeals—which covers Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington—highlights the perils of not offering Consolidated Omnibus Budget Reconciliation Act (COBRA) coverage to a former employee on the basis that the employee was terminated due to gross misconduct.

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California

Employer’s Past Practices Can Actually Expand Liability for Failure to Accommodate

In this case involving police recruits who were injured during training at the Los Angeles Police Department’s (LAPD) Police Academy, the court confirmed that an employee may not be a qualified individual for purposes of a discrimination claim but may be a qualified individual for purposes of a failure-to-accommodate claim. The case also illustrates how an employer’s past practices can affect the scope of its duties to disabled employees under the California Fair Employment and Housing Act (FEHA).

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Mississippi

ADA and FMLA Best Practices Pay Off for Cash-Handling Company

The U.S. 5th Circuit Court of Appeals (which covers Louisiana, Mississippi, and Texas) recently upheld a jury’s verdict in favor of an employer on an employee’s lawsuit under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). The verdict was the result of several things the employer did correctly in response to the employee’s medical issues. This case is worth another look.

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Coordinating FMLA with State and Federal Laws

In this article series, we’ll focus on the intersection of the Family and Medical Leave Act (FMLA) and how it affects many other laws, including the Americans with Disabilities Act (ADA), workers’ comp, and other state laws that apply to medical or disability leaves. Additionally, the FMLA may intersect with a variety of employer-provided leaves […]

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California

Are Commissioned California Employees Entitled to Separate Pay for Rest Periods?

Rest period violations are a source of enormous potential liability for employers, so it’s critical to ensure that you are appropriately compensating employees for their rest periods. A California appellate court recently tackled the issue of whether commissioned employees are entitled to separate compensation for rest periods and whether that requirement may be satisfied by paying them a guaranteed minimum hourly rate as an advance on commissions.

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Kentucky

Was Attendance an Essential Job Function for AT&T Customer Service Rep?

An AT&T customer service representative (CSR) recently filed a lawsuit against her employer citing disability discrimination, but the employer, citing attendance as an essential job function of her position, claimed she was terminated for her frequent absences. Was the employee discriminated against? The 6th Circuit Court of Appeals—which covers Kentucky, Michigan, Ohio, and Tennessee—has the answer.

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