To prevent the consequences from imprecise employee handbook language, employers should regularly review their handbooks and written policies. Since wage and hour lawsuits make up a significant part of litigation, W&H provisions can make a difference as you draft or…
A district court’s refusal to grant an employer’s motion for summary judgment in a fired teacher’s interference and retaliation claim is a clarion call and reminder to employers that the Family and Medical Leave Act guarantees employees that their original job…
By Mara Cherkasky A former customer service representative who suffers from irritable bowel syndrome and claims she was harassed by her bosses and eventually fired for seeking leave under the Family and Medical Leave Act may move forward with her…
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…
The U.S. government is sharpening its whistleblower protection program, hiring and training more OSHA agents to cultivate employee complaints against their companies. The Occupational Safety and Health Administration (OSHA) wants to increase the number of “whistleblower managers,” who work with disgruntled…
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…
An employer’s desire to quickly fire an employee can drag it into violating labor laws. Recently, the firing of an employee for misusing 20 minutes of family medical leave led to conclusions that the firing was retaliation for union activity….