Tag: Tenth U.S. Circuit Court of Appeals

Unforeseeable Circumstances Justify Layoff Without WARN Notice

By Colorado Employment Law Letter Apr 10, 2009 HR Hero Line

Updated: Apr 10, 2009

The Worker Adjustment and Retraining Notification Act (WARN Act) requires employers with 100 or more workers to provide 60 days’ advance notice of a plant closing or mass layoff. Sometimes employers need to act quickly to lay off employees and can’t provide the 60 days’ notice required by the WARN Act. A recent decision from […]

‘Willful’ Violations under FMLA Clarified

By Colorado Employment Law Letter Jul 18, 2008 HR Hero Line

Updated: Jul 18, 2008

by Alyssa Yatsko Under the Family and Medical Leave Act (FMLA), an employee has two years from the date of an FMLA violation to file a lawsuit against his employer. If the violation was “willful,” however, the employee has three years to file the lawsuit. Up until now, the Tenth U.S. Circuit Court of Appeals […]

Where Is the Line on Retaliation after Supreme Court Rulings?

By Kansas Employment Law Letter May 16, 2008 HR Hero Line

Updated: May 16, 2008

In 2006, the U.S. Supreme Court issued an opinion expanding the range of employer conduct that employees could use to support a retaliation claim. But as with anything new, questions immediately arose. Is a dirty look now considered retaliatory? An off-putting e-mail? What about a humiliating public censure? This uncertainty left employers understandably concerned. But […]