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“Smoking Guns” and Unofficial Rules: A Reminder for Employers

If you work in human resources, or are an executive or employment lawyer, at some point you probably have thought, heard or said words to the effect of “Juries are very unpredictable and can do some crazy things.” I admit...more

Obesity Not A Disability Without An Underlying Medical Cause

In June of last year, we pondered whether obesity is a mere physical characteristic or a disability protected by the Americans with Disabilities Act (ADA) as now amended by the Americans with Disabilities Act Amendments Act...more

Separately Assessing Separation Agreements

Separation or severance agreements —which typically provide a terminating employee with some kind of cash payment, temporary salary continuation, or other gratuitous benefit in exchange for a release of claims — have their...more

Making Your Termination Decision Count (Don’t Sleep on This One…)

The success or failure of an employer’s defenses in employment litigation often turns on what motivated a termination decision. My consistently subpar performance or my complaint about harassment? My taking of leave or...more

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