On August 15, 2022, the U.S. Court of Appeals for the Fourth Circuit held in Roberts v. Gestamp West Virginia, LLC, that an employer’s “usual and customary” notice procedures relating to absences extended beyond the company’s...more
9/21/2022
/ Appeals ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Instant Messaging Apps ,
Interference Claims ,
Leave of Absence ,
Notice Requirements ,
Retaliation ,
Social Networks ,
Termination ,
Wrongful Termination
The Seventh Circuit Court of Appeals recently overturned a lower court’s grant of summary judgment in favor of a home care agency, holding that a jury should be allowed to determine whether the agency’s reasons for firing an...more
A federal court in Pennsylvania recently dismissed a lawsuit filed by a female newspaper page designer who claimed that she was laid off because of her gender and her deafness in one ear. Mengel v. Reading Eagle Company, No....more
Is being licensed to drive a commercial vehicle an “essential function” of a warehouse manager’s position, even though that manager rarely is required to drive? According to the Eighth Circuit Court of Appeals, that answer...more
Based on the number of social media decisions from the National Labor Relations Board over the past two years, most employers understand that when employee Facebook postings constitute “protected activity” under the National...more
A federal district court in Ohio has refused to dismiss a complaint for religious discrimination made by a hospital employee after the employee was fired for refusing to be vaccinated for the flu. The basis of the refusal to...more
1/17/2013
/ Chenzira ,
Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Rule 12(b)(6) ,
Hiring & Firing ,
Motion to Dismiss ,
Reasonable Accommodation ,
Religious Discrimination ,
Termination ,
Title VII ,
Vaccinations ,
Veganism
The Eleventh Circuit Court of Appeals reversed summary judgment in favor of an employer, holding that a plaintiff’s testimony and evidence related to her transfer to a position of less responsibility upon return from leave...more
According to the Eighth Circuit Court of Appeals, the Uniformed Services Employment and Reemployment Rights Act (USERRA) requirement that a returning service member be reemployed in the position that he or she would have...more
The Family and Medical Leave Act (FMLA) continues to create administrative challenges for employers. One particular issue of concern is the discipline and/or termination of an employee who has requested or is on FMLA leave....more
Recent court decisions related to employees’ online postings have centered on whether disciplinary decisions regarding those postings may violate the National Labor Relations Act (NLRA). The NLRA protects certain employee...more
To state a claim of interference under the Family and Medical Leave Act (FMLA), an employee must show that his or her employer denied benefits to which the employee was entitled under the FMLA. For example, an employee might...more
On September 28, 2012, a three-member panel of the National Labor Relations Board (NLRB) affirmed the decision of an Administrative Law Judge (ALJ) who upheld a car dealership’s firing of a salesperson that was based on a...more
An issue that confounds employers on a regular basis is whether the discharge of an employee who is unable to return to work after a medical leave will violate the American with Disabilities Act (ADA). Most employers...more
In order to be granted a leave of absence under the Family and Medical Leave Act (FMLA), an employee first must fulfill certain eligibility requirements, including having worked for the employer for at least 12 months, and...more
The Family and Medical Leave Act (FMLA) provides unpaid leave time to eligible employees under specific circumstances, including the serious health condition of the employee. It is a violation of the FMLA for an employer to...more