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Reasonable Accommodation › Employee Misconduct

Fisher Phillips

Dealership Update: Is it Time For a Trade-In of Your Employee Handbook?

Fisher Phillips on

Your employee handbook has something in common with the products you sell: neither lasts forever and both eventually will need an update. Think about when that new car rolled off the lot with that new car smell. It was...more

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

Eighth Circuit Chips Away at ‘Honest Belief’ Defense and Creates ‘Intertwinement Test’ for Disability Discrimination Cases

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

On July 1, 2024, in Huber v. Westar Foods, Inc., in a 2–1 decision, the Eighth Circuit Court of Appeals departed from the “honest belief” defense recognized by the First, Second, Fourth, Fifth, and Seventh Circuits (and U.S....more

Stokes Wagner

A Suspended Employee is Still an Employee Under the ADA

Stokes Wagner on

Picture the following scenario: An employee engages in misconduct at work that results in suspension pending investigation and would normally probably end in termination. But at the time of the suspension, the employee...more

Whitman Legal Solutions, LLC

Employers Can Require COVID-19 Vaccines

Whitman Legal Solutions, LLC on

This article discusses whether employers can require COVID-19 vaccinations or tests or require that employees wear masks. I’m not a scientist or physician, so this article doesn’t discuss whether vaccinations or masks prevent...more

Littler

Legislative Highlights for Oregon Employers in 2020

Littler on

Oregon’s active 2019 legislative session has prompted the need for several policy and handbook updates for employers doing business in Oregon.  This Insight provides an overview of the most notable recent employment law...more

Cozen O'Connor

#No Filter: Terminating an Employee for Social Media Posts

Cozen O'Connor on

Prior to the advent of social media and especially the #MeToo movement, employers were generally comfortable drawing a bright line between what employees did on their own time and workplace misconduct. ...more

Fisher Phillips

Make Sure You’re On Target When Using Direct Threat Defense

Fisher Phillips on

An employer’s personnel decisions do not always have to be “correct” in order to avoid liability under most federal and state anti-discrimination laws. If you decide to terminate an employee for engaging in workplace...more

McAfee & Taft

Court OK’s termination of diabetic employee for misconduct

McAfee & Taft on

A recent federal appeals court decision case upheld an employer’s termination of a diabetic employee for misconduct, despite the employee’s argument that her poor work performance was a result of low-blood sugar....more

Hinshaw & Culbertson LLP

Retroactive Accommodations to Excuse Past Misconduct Not Required under the ADA

Hinshaw & Culbertson LLP on

Envision a situation where you are about to terminate an employee for violating a work conduct rule. Sensing what is coming, the employee explains to you her disability caused her to violate the rule. Are you required to...more

Bennett Jones LLP

Court Reminds Arbitrators and Employers: Proper Investigation of Employee Medical Marijuana Use is a High Priority

Bennett Jones LLP on

The courts have again reminded employers–and arbitrators–of the importance of a proper investigation and analysis when an employee is discovered to be using medical marijuana contrary to the employer's policies....more

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