The federal trial court in Aberdeen recently declined to dismiss an employee’s wrongful termination claims under the Age Discrimination in Employment Act (ADEA) and the Americans with Disabilities Act (ADA). The court found the employer’s distinction between the conduct of the terminated employee and similar misconduct by a younger nondisabled employee who wasn’t terminated raised […]
Employers do not have to ignore misconduct discovered during—or even because of—an employee’s medical leave, the 3rd U.S. Circuit Court of Appeals—which covers Delaware, New Jersey, and Pennsylvania—has ruled, joining several other circuits.
Employers should tread carefully when deciding not to offer COBRA continuation coverage due to “gross misconduct,” as a recent court case reminds. Here, a federal district court in Ohio held that a former employee’s conviction due to a sex offense, which led to his employment termination, was not yet enough to deny COBRA coverage due […]