Robin E. Shea

Robin E. Shea

Constangy, Brooks, Smith & Prophete, LLP

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Seems Like This Should Be An Excused Absence.

Geoffrey Tolliver, a Medicaid eligibility specialist for the City, went out on a medical leave of absence for cancer in November 2013, and he passed away in December 2014. The City recently moved to terminate his employment...more

8/14/2015 - Hiring & Firing Medical Leave Termination

Should An Employer Fight Unemployment? The Debate Continues . . .

You may remember that I stirred up some contentiousness a few weeks ago when I suggested that employers should not challenge unemployment claims except in the worst cases. ...more

2/20/2015 - Best Management Practices Hiring & Firing Termination Unemployment Benefits Willful Misconduct

Employers, Don’t Be Caught In The “Bogus RIF” Trap!

I was disappointed earlier this week to see a consultant quoted in an otherwise good article in the Wall Street Journal – “Employee Theft Often Leads Small Firms to Make Bad Choices” — as advising the “bogus RIF” strategy...more

1/30/2015 - Discrimination EEOC Employer Liability Issues Involuntary Reduction in Force Termination Theft

Employers, Don’t Commit These 5 Firing Faux Pas!

Do you think you have that employee termination all buttoned up, and no one will be able to challenge you? Defending that EEOC charge will be a slam dunk? No plaintiff’s lawyer in his right mind would represent your...more

9/5/2014 - EEOC Employee Rights Employer Liability Issues Hiring & Firing Termination

3 Employer Bummers: Veganism A "Religion," ADA Interactive Process Fails, And Costly Severance Mistake

A court says veganism might be a "religion" requiring accommodation, a school district gets nailed for failing to engage in the "interactive process" under the Americans with Disabilities Act, and yet another employer makes...more

1/4/2013 - ADA EEOC FMLA Hiring & Firing Reasonable Accommodation Religion Severance Pay Termination Veganism

Post-Apocalypse (Well, Post-Vacation, Anyway) Employment Law Roundup

Happy new year, everybody! Although I've been on vacation, the news never sleeps, and the Mayans were wrong. Accordingly, I have a few items to catch you up on....more

1/3/2013 - Breastfeeding Discrimination DOL Email FLSA Hiring & Firing Marital Communications Privilege Melissa Nelson Nelson v Knight Sex Discrimination Termination

Employers, don't let that "protected" employee hold you hostage.

Remember that Supreme Court decision involving alleged retaliation based on an oral complaint of violation of the Fair Labor Standards Act? The plaintiff in the case is now going to get a jury trial....more

12/10/2012 - FLSA Retaliation Termination

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