The U.S. Court of Appeals for the 3rd Circuit—which covers Delaware, New Jersey, and Pennsylvania—recently upheld an employer’s trial court victory, providing useful guidance for employers seeking to manage difficult employees in the midst of workers’ compensation claims.
Tag: leave of absence
Question: We have an employee who requested FMLA paperwork because of her migraines. Unfortunately, she is ineligible because her location is outside of the 75-mile radius of 50 employees or more. She is requesting special accommodations to miss work when she has a severe migraine. However, she is a kitchen designer and most of the […]
In a recent case, an employee suffered a stroke at work. Even after a 14-month leave of absence, her doctors could not state with certainty when she would be able to return to work. In that situation, it was clear her employer did not discriminate against her based on her disability when it terminated her […]
Question: What’s the appropriate process for terminating employees without a return-to-work date and no Long-Term Disability (LTD)?
The U.S. 8th Circuit Court of Appeals (which covers Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota) recently affirmed a district court’s ruling that an employee failed to establish a case of disability discrimination and retaliation.
The U.S. 10th Circuit Court of Appeals—which covers Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming—recently ruled in favor of Dillon Companies, Inc., a Kansas corporation that does business as King Soopers, in a lawsuit filed by a former grocery store employee who claimed he suffered a hostile work environment and was terminated because of […]
By Kate McGovern Tornone, Editor It’s an easy scenario to imagine: an employee goes out on leave and, when another employee takes on his work, she discovers performance deficiencies and maybe even misconduct. Is the employee’s job protected just because he is out on “job-protected” leave?
What happens when an employee is out on job-protected leave and an employer realizes that everything keeps moving along just fine without him or her or that his or her duties shouldn’t really take 40 hours per week? The U.S. District Court for the Central District of California recently had to decide just that.
By Kate McGovern Tornone, Editor What happens when an employee is out on job-protected leave and you realize that everything keeps moving along just fine without her? Or that her duties shouldn’t really take 40 hours per week?