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FMLA does not prohibit termination for failure to comply with call-in requirements

Employees can be held accountable for not complying with an employer’s call-in notice requirement, even when the Family Medical Leave Act (FMLA) may apply. In Koch v. Thames Healthcare Group, LLC, the employer had an...more

When is hiring a competitor’s employee ‘racketeering’?

When hiring new employees – especially those who are currently employed or who recently have been employed by a competing company or organization – it’s always a best practice to ask them if they are subject to an employment...more

Airline accused of firing executive over coronavirus family leave

A lawsuit filed April 16, 2020, in federal court in Pennsylvania may be the first suit filed over the new federal law created in response to the COVID-19 outbreak. Stephanie Jones, a single mother of a school-aged son, claims...more

Change in job duties may necessitate change in ADA accommodation

It was a close call, but a court recently denied an employee’s Americans with Disabilities Act claim that her employer had improperly refused a request to continue working from home as an accommodation. With the growth of...more

Employers: Use caution when dealing with prescription drug users

Employers often have policies that require applicants or employees to disclose the lawful use of prescription drugs that could impair job performance or potentially pose a safety concern. If you’re one of those employers, you...more

Recruiting for youthful workforce leads to age discrimination lawsuits

Some companies may believe that projecting a youthful and energetic image is important to their brand. Two recent court cases, however, show that employers who focus their hiring policies and practices too much on young...more

Timing of termination creates question of fact in association discrimination case

In employment law, including association discrimination cases, timing is everything. When Terry Booker was fired from his job of 22 years at Delfasco, a manufacturing facility in Greene County, Tennessee, in March 2012,...more

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