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Results: 1-10 of 119

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

Lawfully fired employee may claim “chilled” exercise of FMLA rights despite receiving leave

  • Sherman & Howard LLC
  • -
  • USA
  • -
  • March 3 2011

Employers have the duty not to "interfere with" the exercise of any right under the Family and Medical Leave Act

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

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

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."

Employer may have duty to accommodate a disabled employee in her commute

  • Sherman & Howard LLC
  • -
  • USA
  • -
  • September 1 2011

In a case that could make landmark law, the Second Circuit Court of Appeals recently ruled that an employer may, depending on the circumstances, be obligated to make reasonable accommodation for a disabled employee's commute to and from work

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

Fragrance-free workplace policy & work at home may have been reasonable accommodations for employee with asthma and chemical sensitivity to “Japanese Cherry Blossom”

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

A federal court in Ohio recently ruled that an employee with asthma and chemical sensitivity to perfumes and scented products could pursue an Americans with Disabilities Act claim against her employer for not reasonably accommodating her disability, despite the many (albeit delayed) accommodations offered by her employer

Taking control of former executive’s LinkedIn account found permissible

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

In our January 2012 newsletter, we reported on Maremont v. Susan Fredman Design Group, Ltd., a case where a court recognized potential claims under the Lanham Act andor the Stored Communications Act because an employer posted entries on a former executive's personal Facebook page and posted "tweets" on her personal Twitter account, to promote its business, without her authorization

Michigan Medical Marihuana Act does not save employee from dismissal for positive drug test result

  • Sherman & Howard LLC
  • -
  • USA
  • -
  • March 3 2011

Colorado employers are anxiously awaiting an appellate court decision on whether properly registered medical marijuana users in the state may have a public policy wrongful discharge cause of action if they are discharged for a positive cannabis test result under their employers' drug and alcohol abuse programs