In a new opinion, the California Supreme Court has made it more difficult for employees to prove they were discriminated against for filing a workers’ comp claim. We’ll explain the court’s ruling.
After four years of exemplary employment, John Byrne, an Avon Products Inc. engineer, began to fall asleep on the job and was fired. It turned out he was suffering from depression. He was quickly hospitalized and recovered. Byrne charged in a lawsuit his termination violated the Family and Medical Leave Act because his abrupt change […]
A new California Court of Appeal decision highlights just how crucial it is to carry out workplace misconduct investigations in good faith. We’ll explain what happened.
A new ruling from the federal Ninth Circuit Court of Appeals focuses on a little-known provision of the Family and Medical Leave Act that permits employees to take leave to provide psychological comfort and assistance to family members with serious physical or mental illnesses. We”ll explain the court’s ruling.
Managing employees with mental disabilities can be challenging—especially when the workers pose a threat to others’ safety. If you take preemptive action, you can get sued under the Americans with Disabilities Act, but if you don’t, you risk the tragic consequences of a violent incident. Two recent cases provide guidance on how to handle potentially […]
The state high court has refused to throw out a $355,200 damage award to a lesbian employee who claimed she was fired after confiding to her boss she was gay. Jan Overholtzer worked for 18 years in the West Contra Costa Unified School District print shop. She said she revealed her sexual orientation to her […]
One of your employees fails to return to work following a leave. Despite repeated attempts to contact her, you hear nothing and receive no explanation for her continued absence. Finally, you terminate her. But then she turns around and sues you for violating the Americans with Disabilities Act, claiming she was having a manic depressive […]
A worker is easily distracted and has trouble concentrating on what he’s doing. A supervisor is hostile and rude to co-workers. Another employee can’t seem to get to work on time and frequently appears groggy and withdrawn. You may think you have clear grounds for discipline or termination in situations such as these, but be […]
A new court decision says the Americans with Disabilities Act (ADA) doesn’t require you to transfer an employee because of a bad working relationship with a supervisor. Sherrylen Weiler, a Household Finance Corp. manager, claimed she became disabled by depression, stress and anxiety following a performance review in which her supervisor raised his voice and […]