Termination, Employee Rights, Corporate Counsel

FMLA abuse: 5 things this employer did right

Constangy, Brooks, Smith & Prophete, LLP on 9/20/2024

How'd that happen? An employer who terminated an employee after he took intermittent FMLA leave for diabetes won its case, and recently won again on appeal. According to both courts, the employee appeared to be trying to...more

Memes, Emoticons, and Social Media ‎Posts as Protected Concerted ‎Activity

Locke Lord LLP on 2/23/2022

To navigate the pandemic, companies and employees shifted to virtual tools and platforms to conduct business and communicate with team members. With this transition into the virtual office space and increased screen time,...more

Termination Pay Penalties: Easy To Incur, Impossible To Reduce?

Seyfarth Shaw LLP on 6/1/2018

Seyfarth Synopsis: Employers must pay “waiting time” penalties for willfully failing to timely pay wages due upon termination. Last week the California Court of Appeal dealt employers a double whammy: (i) mere negligence can...more

Documented Performance Issues And Inadequate Notice Of Need For Leave Sink Employee’s FMLA Claims

Jackson Lewis P.C. on 7/12/2017

Granting summary judgment to an employer on Family and Medical Leave Act claims asserted by a former employee, an Illinois district court held that: (1) the employee had failed to demonstrate his firing had any causal...more

California Supreme Court Says Retiring Employees Must Be Paid Promptly

Seyfarth Shaw LLP on 8/23/2016

Seyfarth Synopsis: Under Labor Code section 202, California employers must pay all wages to an employee who “quits” within 72 hours, unless the employee has given 72 hours’ notice of the intent to quit, in which case the...more

Federal Court Allows Terminated Employee to Proceed with Age Discrimination Claim Despite Her Execution of a Release of Claims

Mintz - Employment, Labor & Benefits... on 11/4/2015

A recent Colorado federal court decision serves as a good reminder to employers on how not to obtain a release of claims from a terminated employee. For starters, don’t tell the employee her job is being eliminated and then...more

Employers Need to Consider Accommodation Requests Made at Any Time During a Disabled Employee’s Employment

Foley & Lardner LLP on 11/4/2015

Can an employer simply ignore a request by a disabled employee for an accommodation made in a meeting that could lead to the employee’s termination? A recent federal case from Wisconsin says no. In the case, the former...more

Something is Rotten at the Pork Roll Company … and it’s not the Pork Rolls: Flatulent Employee (and his Wife) Bring Claims for...

Mintz - Employment, Labor & Benefits... on 10/14/2015

Is passing gas now protected by our anti-discrimination laws? Over the past several years, we have written extensively about the possibility of obesity discrimination lawsuits becoming the next wave of disability...more

Termination › Employee Rights › Corporate Counsel

FMLA abuse: 5 things this employer did right

Memes, Emoticons, and Social Media ‎Posts as Protected Concerted ‎Activity

Termination Pay Penalties: Easy To Incur, Impossible To Reduce?

Documented Performance Issues And Inadequate Notice Of Need For Leave Sink Employee’s FMLA Claims

California Supreme Court Says Retiring Employees Must Be Paid Promptly

Federal Court Allows Terminated Employee to Proceed with Age Discrimination Claim Despite Her Execution of a Release of Claims

Employers Need to Consider Accommodation Requests Made at Any Time During a Disabled Employee’s Employment

Something is Rotten at the Pork Roll Company … and it’s not the Pork Rolls: Flatulent Employee (and his Wife) Bring Claims for...

EEOC Sues Two Employers for Terminating Transgendered Employees

FMLA FAQ: Can We Terminate an Employee for Working a Second Job While on FMLA Leave?

The Truth About As*holes

Termination › Employee Rights › Corporate Counsel

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