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Results: 1-10 of 119

Employee not eligible for FMLA leave still protected by non-discrimination provisions

  • Sherman & Howard LLC
  • -
  • USA
  • -
  • September 6 2012

Many employers offer leave of absence benefits to employees that supplement leaves of absence provided by the Family and Medical Leave Act

The declining value of non-disparagement provisions in separation agreements

  • Sherman & Howard LLC
  • -
  • USA
  • -
  • November 3 2010

When entering into settlements or release agreements with departing employees, some employers want to bargain "hard" for non-disparagement provisions

Employer’s intrusion into employee’s Facebook page may be invasion of privacy

  • Sherman & Howard LLC
  • -
  • USA
  • -
  • July 9 2012

A federal district court in New Jersey recently addressed a question about which employers have long speculated, but had no answer, whether an employee can successfully assert an invasion of privacy tort claim against an employer that makes unauthorized access to the individual's Facebook account

Employer directive that employee get unspecified “counseling” treated as unlawful “medical examination”

  • Sherman & Howard LLC
  • -
  • USA
  • -
  • September 6 2012

Heaven help the misguided employer who instructs an employee to go for unspecified "counseling."

Is it worthwhile to fight unemployment benefits claims? Another reason to just say no

  • Sherman & Howard LLC
  • -
  • USA
  • -
  • November 5 2012

Understandably, employers are upset when ex-employees fired for good cause - especially acts of misconduct - file unemployment compensation claims

MMPI was job-related and consistent with business necessity based on employee’s hostile conduct and independent psychologist’s recommendation

  • Sherman & Howard LLC
  • -
  • USA
  • -
  • July 9 2013

Proclaiming that "statutory interpretation requires judges to use a little common sense," the Eleventh Circuit Court of Appeals recently ruled that

EEOC is suing employers that use random alcohol tests with employees

  • Sherman & Howard LLC
  • -
  • USA
  • -
  • November 3 2010

Under the Americans with Disabilities Act, an employer may not compel a current employee to undergo a medical exam or ask an employee whether he or she is disabled (or about the nature or severity of the employee's disability), unless the exam or inquiry is (1) job-related, and (2) consistent with business necessity

Employment practices liability insurance buyer beware!!!

  • Sherman & Howard LLC
  • -
  • USA
  • -
  • November 2 2011

Many prudent employers - knowing that employment discrimination claims can be filed against them by applicants, employees, and former employees, and administrative agencies suing on their behalf - buy employment practices liability insurance

HR director has no retaliatory discharge claim based on dismissal during her investigation of internal discrimination complaint

  • Sherman & Howard LLC
  • -
  • USA
  • -
  • July 9 2012

In our last newsletter, we observed that courts have increasingly been restricting retaliation claims, by circumscribing recognized employee "participation" in proceedings under the discrimination laws and employee "opposition" to unlawful discrimination

Unemployment benefits awarded to medical marijuana user fired for positive drug test results

  • Sherman & Howard LLC
  • -
  • USA
  • -
  • July 11 2011

The Colorado Court of Appeals has ruled that the evidence presented by an employer at a claims hearing fell short of proving a sufficient basis for the denial of unemployment benefits to a discharged medical marijuana user who tested positive in an employer's drug screen