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Americans with Disabilities Act (ADA) › Disciplinary Proceedings

Venable LLP

When Mental Health and Performance Management Collide

Venable LLP on

Lisa, one of your team’s sales representatives, has been a consistent performer during her first year with the company. She has proven herself to be detail oriented, personable with clients, and willing to assist her team to...more

Parker Poe Adams & Bernstein LLP

Employee's PTSD Diagnosis May Excuse Violation of Disciplinary Policies

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The Americans with Disabilities Act does not require employers to ignore or excuse serious violations of their rules of conduct. For example, an employee who brings a weapon to work in violation of the employer’s policy...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Global Newsletter: Ogletree Deakins International Employment Update - November 2019

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Welcome to the latest issue of the Ogletree Deakins International Employment Update - a newsletter aimed at human resources professionals and in-house employment counsel operating on an international basis. Please scroll...more

Tucker Arensberg, P.C.

Immorality Illustrated: Court Affirms Principal’s Termination After Second DUI Arrest

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Moffitt v. Tunkhannock Area School District, 192 A.3d 1214 (Pa. Commw. Ct. Aug. 18, 2018). The Pennsylvania Commonwealth Court affirmed an elementary school principal’s termination, because sufficient evidence supported...more

Baker Donelson

Faulty Issues With No Fault Attendance Policies

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Many of our clients have no fault attendance policies by which the employees are assessed a point or half of a point for each tardy, absence or for leaving their shift early. Once the employee meets the required number of...more

Parker Poe Adams & Bernstein LLP

Tenth Circuit Rejects EEOC Position on Retroactive Accommodation of Performance Issues

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For years, the Equal Employment Opportunity Commission (EEOC) and federal courts have acknowledged that employers do not have to excuse employee disciplinary violations because the employee later attributes such conduct to a...more

Fisher Phillips

No Excuses: “Retroactive Leniency” Is Not An ADA Reasonable Accommodation

Fisher Phillips on

3 Things To Know About Favorable Court Decision - A federal appeals court upheld the termination of an employee who tried to blame her misconduct on her disability during the termination meeting itself. The court ruled...more

Burr & Forman

4th Circuit Bounces Bank's Request to Dismiss Manager's FMLA Case

Burr & Forman on

In a relatively recent decision, the U.S. Court of Appeals for the 4th Circuit (whose rulings apply to all South Carolina employers) found that an employer's faulty notice to an employee about his rights under the Family and...more

Fisher Phillips

Drinking On The Job? Five Things Employers Need To Know In The Wake Of The USC Football Coach Controversy

Fisher Phillips on

Football powerhouse USC (University of Southern California) fired its head football coach Steve Sarkisian on October 12, 2015, after it was widely reported that the coach had been under the influence of alcohol during several...more

Parker Poe Adams & Bernstein LLP

Third Circuit Says Employer Did Not Retaliate Against Employee by Disallowing Tape Recording of Disciplinary Meeting

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The Americans with Disabilities Act requires employers to engage in an interactive process to determine if a qualified individual with a disability can perform the essential functions of the job through provision of...more

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