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A Candidate Named Sue (or Maybe Regina)? Tread Carefully With the Litigious Job Applicant

When is it safe to take action against an employee (or a former employee) who filed an EEOC charge against you? As the 7th Circuit just found in Baines v. Walgreen Co., you can never –REPEAT, NEVER – take action because an...more

A Diamond in the Rough (Part 2): What the Eleventh Circuit Said about FMLA Retaliation Claims

My last post talked about Diamond v. Hospice of Florida Keys and what the Eleventh Circuit said about FMLA interference claims. As promised, this post will look at the Diamond decision’s take on the FMLA retaliation front....more

Terminating an Employee on the Heels of an FMLA Request: A Court Offers Some Guidance on Doing It Legally

A problematic employee is teetering on the brink of termination and suddenly requests FMLA leave. Do you terminate him for cause or grant the FMLA leave and give him another chance to avoid the retaliation claim? What if he...more

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