News & Analysis as of

Reasonable Accommodation Hiring & Firing Poor Job Performance

Tucker Arensberg, P.C.

Terminating Poor Performers During or After FMLA or ADA Leave: Key Considerations

Tucker Arensberg, P.C. on

Performance management is one of the most important–and difficult–issues that employers face in supervising their workforce. Dealing with performance problems becomes even harder when an underperforming employee requests or...more

Fisher Phillips

Don’t Forget the Basics When Reopening Your Retail Business: A 5-Point Plan

Fisher Phillips on

The COVID-19 coronavirus pandemic that closed hundreds of thousands of business around the country is unprecedented. Fortunately, many retailers were able to maintain a fairly high level of continuity as essential businesses...more

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

ADA Litigation Lessons Surfaced From a Zamboni Machine

Employers, you see this movie all too often. You tolerate, and then ultimately discharge, a poor-performing employee who displays a bad attitude. Unfortunately, supervisors have not documented the employee’s prior instances...more

Fisher Phillips

Red Flag: When An Employee Raises ADA Issues During Disciplinary Meetings

Fisher Phillips on

The need to consider Americans with Disabilities Act (ADA) accommodations can happen at any time during the employment relationship. Generally, an employee will ask for an accommodation before problems with performance...more

Bradley Arant Boult Cummings LLP

When to Say When? Fifth Circuit Rules on When an Accommodation Isn’t Working

In a published opinion, the Fifth Circuit has held that an employee’s poor performance in a light-duty position can relieve the employer from any further obligation to find a reasonable accommodation under the Americans with...more

Cozen O'Connor

Conscientious Objectors in the Workplace

Cozen O'Connor on

Recently, the news has been filled with employees who refuse to perform their duties based on political, moral, or religious beliefs. Kentucky clerk Kim Davis was jailed for refusing to issue marriage licenses to same sex...more

Sherman & Howard L.L.C.

Tardy-From-Home

From the beginning, the employee had attendance and punctuality problems, and the problems didn’t improve even when the employer adjusted her schedule. After she was diagnosed with MS, the company approved intermittent FMLA...more

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