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.
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 […]
When dealing with the Family and Medical Leave Act (FMLA), employers can create an actual legal entitlement to leave. In the spirit of being nice, but not too nice, here’s what all employers should know about managing employee leave before and immediately after employees become FMLA-eligible.
The U.S. Court of Appeals for the 6th Circuit—which covers Kentucky, Michigan, Ohio, and Tennessee—recently overturned a jury verdict in favor of an employee who claimed she was retaliated against for exercising her right to take leave under the Family and Medical Leave Act (FMLA). The court found that the employer had flawed but still […]
Even though the federal trial court in Aberdeen rejected a terminated employee’s claims of wrongful termination and interference under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA), it accepted her self-diagnosis of a disability. This case is worth another look.
Usually after a termination, the first thing an angry former employee does is call an employment lawyer. Over the past few decades however, a growing number of disgruntled employees instead return and inflict bodily injury—or worse—on their former bosses or those the employee feels is responsible for his or her termination.
Can an employee’s frequent tardiness be used to establish that she has a disability because she is limited in the major life activity of working? Does an employee have to request leave under the California Family Rights Act (CFRA) before she has the right to take job-protected leave under the CFRA? A California Court of Appeal answered those questions in a recent case brought by a radio host.
Question: We terminated an employee for falsifying payroll records and receiving pay for shifts she did not work. Can we issue her a last paycheck for hours worked and then keep the money to apply to her theft of over $100,000?
by Elizabeth J. Boca, Epstein Becker & Green, P.C. On September 8, 2016, the California Court of Appeal for the Fifth Appellate Circuit addressed the issue of whether an employee’s single statement, claimed to be made in jest, constituted good cause for termination of his employment.
by Brittany E. Medio, Saul Ewing LLP The U.S. 3rd Circuit Court of Appeals—which covers Delaware, New Jersey, and Pennsylvania—recently affirmed a lower court’s decision to dismiss an employee’s gender discrimination and retaliation claims against her former employer. The court found the employee was terminated not for engaging in protected activity but for violating the […]