Tasos Paindiris at Jackson Lewis P.C.

Extending Leave Was Not A Reasonable Accommodation Under The ADA Where There Was A Lack Of “Certainty” About Return To Work Date

While employers generally accept that they cannot apply a maximum leave period after which employees are automatically terminated, they continue to struggle with how much leave must be provided as a form of accommodation...more

11/30/2017 / Americans with Disabilities Act (ADA) , Employer Liability Issues , Hiring & Firing , Medical Leave , Reasonable Accommodation , Termination

Will Employers Be Forced To Accommodate Employees Who Test Positive For Marijuana?

On July 17, 2017 the Massachusetts Supreme Judicial Court ruled that under the Massachusetts Anti-Discrimination law an employer may be required to accommodate an employee who is a current user of medical marijuana regardless...more

7/21/2017 / Disability Discrimination , Drug Testing , Employer Liability Issues , Employment Policies , Hiring & Firing , MA Supreme Judicial Court , Marijuana , Medical Marijuana , Popular

Is Crying At Work Sufficient Notice Of An FMLA Covered Condition?

It is well established that an employee need not specifically request leave under the Family and Medical Leave Act (“FMLA”) in order to benefit from the Act’s protections. Rather, the law requires the employer to take action...more

6/2/2017 / Corporate Counsel , Employee Rights , Employer Liability Issues , Family and Medical Leave Act (FMLA) , Hostile Environment

Fear of Failure – Terminating Employees with Extensive FMLA and non-FMLA Absences

It’s a scenario that frustrates many employers. An employee with extensive intermittent FMLA absences, possibly including absences for different covered reasons, is also absent for many unspecified or unprotected reasons...more

3/22/2017 / Employer Liability Issues , Family and Medical Leave Act (FMLA) , Hiring & Firing , Termination , USPS

Beware What You Share – Disclosure of Medical Information Results in Retaliation and Interference Claims

A United States District Court in Florida thwarted an employer’s attempt to toss the FMLA claims of an employee who sued after his medical condition was disclosed to co-workers who subsequently made fun of him. The employee...more

2/15/2017 / Adverse Employment Action , Confidential Information , Employee Privacy Rights , Family and Medical Leave Act (FMLA) , Harassment , Interference Claims , Medical Leave , Public Disclosure of Private Facts , Retaliation

Employee Cannot Maintain Collective Action for Employer’s Failure to Post FMLA Notice

We all know that the FMLA is fraught with pitfalls that can lead to costly mistakes. But a collective action for simply failing to post a notice? On January 6, 2017 a U.S. District Court in Maryland rejected such an attempt....more

1/11/2017 / Collective Actions , Corporate Counsel , Department of Labor (DOL) , Family and Medical Leave Act (FMLA) , Posting Requirements , Private Right of Action

Updated EEOC Retaliation Guidance Suggests Scrutiny for Internal Investigation Practices

The Equal Employment Opportunity Commission takes an expansive position on protection given to persons who make internal complaints about discrimination in bad faith in updated guidance on retaliation law....more

9/8/2016 / Discrimination , Employer Liability Issues , Equal Employment Opportunity Commission (EEOC) , Guidance Update , Human Resources Professionals , Internal Investigations , Retaliation , Title VII

Tasos Paindiris

Jackson Lewis P.C.

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