News & Analysis as of

Termination Family and Medical Leave Act (FMLA) Disability

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

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

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

Constangy, Brooks, Smith & Prophete, LLP

Fit for duty? Be careful what you ask for.

At one time or another, one of your employees may have had a serious health condition resulting in multiple absences, followed by a release to return to work with restrictions that you believed prevented the employee from...more

Akerman LLP - HR Defense

Irregular Attendance May Render An Employee With A Disability "Unqualified"

In a recent case, Daniel Mecca v. Florida Health Services Center, Inc., Case No. 8:12-cv-02561 (M.D. Fla. February 3, 2014), a federal court in Florida held that where regular attendance is an "essential function" of a...more

JD Supra Perspectives

What's the One Thing Missing from Most Employee Handbooks?

JD Supra Perspectives on

In your experience, what's the one thing most employers overlook when putting together an employee handbook? The answer to that question depends on whom you ask - and, for a legal perspective, we put it to leading employment...more

Franczek P.C.

Why Must Employers Train Their Managers About The FMLA? Here Are 1.2 Million Reasons Why

Franczek P.C. on

I came across an interesting FMLA case this past week, and the facts are simple enough that it kept my attention. [In the age of Twitter and Facebook, anything beyond a 30-second sound byte and you might as well give me a...more

Proskauer Rose LLP

California Employment Law Notes - January 2013

Proskauer Rose LLP on

In This Issue: - $1.347 Million Award To Former General Counsel For Breach Of Implied Contract Is Upheld - Faigin v. Signature Group Holdings, Inc., 211 Cal. App. 4th 726 (2012) - $114,000 Pregnancy...more

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

Termination Two Days Before Taking FMLA Leave “Unusually Suggestive,” New Jersey District Court Holds

In St. Cyr v. Brandywine Senior Living, Inc., 20 U.S. Dist. LEXIS 85426 (D.N.J. June 20, 2012), the court denied summary judgment in an FMLA interference and retaliation suit in which an employee was terminated a mere two...more

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