by Stephen W. Jones The 8th Circuit recently reversed an Arkansas federal district court’s decision to dismiss a store manager’s sex discrimination claims. The appellate court indicated that a trial must be held to determine whether a district manager who allegedly made certain sexist comments to the store manager was a decision maker and, if […]
By Lisa Berg, Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. The U.S. 11th Circuit Court of Appeals—which covers Alabama, Florida, and Georgia—recently had to decide whether Dollar General violated the Family and Medical Leave Act (FMLA) or the Americans with Disabilities Act (ADA) when it terminated an employee based on its discovery during her […]
The HR Daily Advisor was recently at the 2016 SHRM Annual Conference & Exposition in Washington D.C.! Yesterday we heard about the problems that bad employees create from Greg Hare, an employment lawyer at Ogletree Deakins Law Firm in Atlanta, GA. Today, some advice on what to do about them.
By Michelle Lee Flores If an employee proves that an illegal reason (such as age discrimination) was a substantial motivation in his employer’s decision to terminate him, does the company have any defense to a wrongful termination claim?
By Shane A. Zahrt, JD, Felhaber Larson An employee claimed she was terminated by her employer for taking time off under the Family and Medical Leave Act (FMLA) to cope with a back injury. Her employer blamed the termination on her unapproved use of vacation days. Read on to see how a federal judge used […]
I have a question on holiday pay. A non-exempt employee called out the Friday before Memorial Day. Because of other issues, he was told not to come in the Tuesday after Memorial Day. That Tuesday, we came to a mutual decision to end employment. Should he be paid for Memorial Day? Another employee called out […]
The question in the following case was whether a California employee’s refusal to challenge his termination under the city of Montebello’s administrative procedures barred his subsequent lawsuit claiming he was terminated because he was a whistleblower.
A California Court of Appeal has found that an employer may be liable under the California Fair Employment and Housing Act (FEHA) for failing to accommodate an able-bodied employee’s request to modify his work schedule to care for a disabled family member. The court’s interpretation of the FEHA creates significant new obligations for California employers.
By David M. Stevens, Whiteford, Taylor & Preston Employers frequently experience heartburn when employees who have recently taken leave protected by the Family and Medical Leave Act (FMLA) engage in conduct that warrants discipline or even termination. You are rightly concerned about the possibility that an employee in that situation may allege retaliation if you […]
by David G. Wong Traditionally, when an employee’s absenteeism was excessive and there was no reasonable prospect of returning to work in the foreseeable future—as long as there was no contractual term providing otherwise—a Canadian employer could discharge the employee for non-culpable absenteeism or treat the employment contract as having been frustrated. This would bring […]