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Results: 1-10 of 99

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

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

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."

No invasion of privacy when employer fires EMT for posting derogatory comments about patient on a fellow employee’s Facebook page

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

When an employee posts derogatory comments about her employer or its patients on a fellow worker's Facebook page, the employee has no reasonable expectation of privacy and cannot complain of an invasion of privacy when she is fired because of the post and her defiant response to counseling about the post

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

Postal worker’s stated threat to kill boss not conclusive as to her race, sex and retaliation claims

  • Sherman & Howard LLC
  • -
  • USA
  • -
  • March 1 2012

Even the strongest business justification in the world for firing an employee may be unlawful, if the business justification is applied in a discriminatory manner

Tenth Circuit rules that ADA’s Title II does not reach employment discrimination

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

The Tenth Circuit Court of Appeals, which includes Colorado, recently ruled on an issue that appears destined to be decided by the U.S. Supreme Court - whether an employee of a state or local governmental unit can pursue employment discrimination claims under Title II of the Americans with Disabilities Act

Sister companies may be a “single employer” under Title VII

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

Businesses that have a common owner naturally bear some similarities

Limited relief for nursing mothers under federal law

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

In 2010, one provision of the Patient Protection and Affordable Care Act amended the Fair Labor Standards Act, to require employers to provide a nursing mother "reasonable break time" to express breast milk in the one year period after the birth of her child

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