Category Archives: Termination

Failure to Provide FMLA Notice to Employee Costs Employer $275K

A federal district court judge approved a consent decree requiring Staples to pay $275,000 for failing to notify an employee of his Family and Medical Leave Act leave rights to care for his critically ill wife over a period of…

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FMLA Status No Protection against Firing for Poor Performance

An employer did not engage in discrimination under the Family and Medical Leave Act when it fired an employee for performance issues, the 8th U.S. Circuit Court of Appeals held, at a time when the employee also was using intermittent…

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EEOC Roundup: Week Ending Nov. 28, 2014

The U.S. Equal Employment Opportunity Commission has settled four cases and filed yet another pregnancy discrimination case. A sheet metal contractor will pay $215,000 to settle a gender discrimination suit, an environmental remediation services contractor settled a class race and…

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‘Liking’ Facebook Post About Employer Is Protected Concerted Activity, Says NLRB

The National Labor Relations Board ruled that “liking” a Facebook post criticizing an employer’s business practices constituted protected concerted activity for one restaurant employee, making his resulting termination unlawful. The Board also found violations in a number of the company’s…

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Preventing Employee Data Leaks Requires Proper Safeguards

Reducing the risk of data breaches requires assessing your company’s vulnerabilities, then addressing them with policies, procedures, training and agreements. The media tend to focus on external hackers, but “the real culprits for most our clients are internal,” according to…

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Obesity Can Be a Disability, Court Rules

An employee’s obesity may be a disability covered by the Americans with Disabilities Act, a federal district court has held. The employer challenged the claim, arguing that the ADA does not cover obesity, but the court disagreed, refusing to dismiss…

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Downsized Employee with Lupus Advances ADA, FMLA Claims

An Oklahoma receptionist diagnosed with Lupus less than two months before losing her job to a reduction in force has advanced her state and federal disability bias and retaliation claims against her former employer following a federal district court ruling….

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Requiring Notes for Each Intermittent FMLA Absence Could Be Improper

A company’s policy of requiring a doctor’s note for each intermittent absence under the Family and Medical Leave Act violates FMLA because the policy directly conflicts with FMLA’s recertification procedure. So ruled a federal district court in a consolidation of cases…

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Firing of Formerly Drug-addicted Pharmacist Okay Under ADA

Wal-Mart has successfully defended a putative class action alleging that its failure to employ former drug addicts as pharmacists violates the Americans with Disabilities Act. The retailer was able to show that the lead plaintiff was fired because he was…

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Fired Employee Declined FMLA and Broke Attendance Rules

If an employee does not wish to take leave under the Family and Medical Leave Act but continues to be absent from work, then he or she must have a reason for the absence that is acceptable under the employer’s…

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