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A recent appeals court ruling shows that clear and consistent documentation of an employee’s poor performance is more important than certain imprudent things a supervisor may say to an employee. Robert Dickerson, an individual with a mental disability, worked as a part-time custodian for an Illinois community college. He was recorded several times losing employer property and […]
Litigation Value: allowing office staff to take over the warehouse and invent a new loading method = several bizarre Workers’ Compensation claims; Andy asking Oscar about his “wildest fantasy guy” while choosing new warehouse personnel = yet more fodder for Oscar’s potential claims; and controlling your own destiny = priceless. This week’s episode started off […]
The Family and Medical Leave Act requires that employees taking unpaid time off to care for a relative must stay close to that person during most of that leave, the U.S. 5th Circuit Court of Appeals said in deciding Baham v. McLane Foodservice, Inc. While an employee need not spend every waking moment in the […]
Employers should not fire workers in response to them taking valid FMLA leave. But firing can be justified when employees use FMLA leave (1) in a way that violates the employer’s policy manual, (2) to cover up for underperformance, (3) to retaliate against their employers or (4) as carte blanche to miss endless hours of […]
The decision in Quinn v. St. Louis Co. illuminates a fine line for employers. While eligible workers must be granted unpaid time off for qualifying serious health conditions under the FMLA, the court showed that interference must have material consequences – such as actual denial of time off – for employees to make a convincing […]
Perhaps employers have been mistaken in assuming they never have to worry about a worker’s commute when accommodating a sickness or disability. In certain circumstances, an employer may be required to assist with an employee’s commute, the 2nd Circuit says in a recent opinion (Nixon-Tinkelman v. New York City Department of Health and Mental Hygiene). […]
Alleging that a supervisor exacerbated an employee’s pre-existing health condition is not a valid theory of liability under the Family and Medical Leave Act, the 7th U.S. Circuit Court of Appeals ruled. The issue of serious health conditions covered by the FMLA causes human resources professionals some confusion. But as the 7th Circuit’s decision in […]
Job creation is the economy’s number one problem, but it’s reasonable to predict that not one job will be created because an employee broke his or her leg. That won’t stop some workers from trying, though, as shown in this Americans With Disabilities Act (ADA) case In White v. Interstate Distributor, Co., a fired […]
Note: This very interesting post is by attorney Allison West, principal of Employment Practices Specialists, in Pacifica, Calif. Thank you, Allison for contributing this to our blog. See below for more about Allison, and a Thompson Interactive Webinar she will be giving on this topic. So, what is a religion, anyway? Not surprising, countless religions exist […]
Some people complain about “rheumatism,” backaches and other physical ills when the weather shifts. For a Southwest Airlines employee, his backaches — and resulting requests for Family and Medical Act (FMLA) leave — seemed to follow the same shift as holidays and vacation time. Southwest determined that this was not the whim of nature but […]