An employer’s attendance policy violated the Americans with Disabilities Act (ADA) because it was too rigid, the U.S. Equal Employment Opportunity Commission (EEOC) has alleged in a lawsuit.
Employee behavioral problems can actually cause even more harm than it would seem on the surface. One concern is that overall employee morale may suffer if other employees perceive the organization as being tolerant of bad behavior. It could even create situations with a heightened risk of discrimination claims—especially if behavioral issues are addressed selectively.
By Cathleen S. Yonahara, Freeland Cooper & Foreman LLP One of the largest tech companies in the world, Apple, Inc., recently bit off more than it could chew when it allegedly convinced an employer to terminate an employee in retaliation for his resistance to Apple’s allegedly illegal anticompetitive conduct. Read the details of this California […]
By Steve Jones, JD, Jack Nelson Jones & Bryant, P.A The U.S. 8th Circuit Court of Appeals—which covers Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota—recently affirmed an Arkansas district court’s ruling that the termination of a juvenile detention officer didn’t amount to discrimination under the Americans with Disabilities Act (ADA) or retaliation […]
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 […]