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Summary Judgment › Reinstatement

Parker Poe Adams & Bernstein LLP

Tenth Circuit Decision Shows How Employers Can Deal with Performance Problems Discovered with Employees on Leave

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Employees on approved Family and Medical Leave are entitled to reinstatement upon return to the same or an equivalent position. Commonly, when the employee is absent on leave, the employer discovers work performance issues...more

Parker Poe Adams & Bernstein LLP

ADA Allows Employer to Reduce Employee to Part-Time Status After Return From Medical Leave

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Here is a common human resource scenario: An employee goes out of work on medical leave. While she is away from work, the managers or co-workers who cover her duties discover that the work can be readily accomplished without...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Failure to Advise Employee of Leave Reinstatement Interfered with FMLA Rights

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The U.S. Supreme Court’s 2002 Ragsdale decision rejected Department of Labor regulations stating that failure to provide employees with notice of leave rights was a per se violation of the Family and Medical Leave Act....more

Seyfarth Shaw LLP

North Carolina Courts Are Forbidden To “Blue Pencil” An Unenforceable Non-Compete

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Reversing a 2-1 decision of the North Carolina Court of Appeals, the state’s Supreme Court held unanimously that an assets purchase-and-sale contract containing an unreasonable territorial non-competition restriction is...more

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