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Offer letter: whole show or just a preview?

Sherman & Howard LLC
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USA
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June 3 2013

Most of the time, employers don't intend offer letters to cover all the material subjects about the employment relationship. After an offer has been

Employee’s hostile conduct was objective basis for personality test

Sherman & Howard LLC
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USA
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May 13 2013

An employer lawfully required an employee to undergo a psychiatricpsychological fitness-for-duty examination because of his obstreperous conduct

“Cat’s paw” evidence insufficient to prove that age was “but for” cause of employee’s layoff

Sherman & Howard LLC
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USA
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March 5 2013

We have reported in past newsletters that, because the Age Discrimination in Employment Act is worded differently from Title VII and other

Disability discrimination in employment claims cannot be raised under ADA’s title regarding public services

Sherman & Howard LLC
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USA
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March 5 2013

Different sections of the Americans with Disabilities Act accomplish different ends. Title I addresses employment issues; Title II addresses

Employer lawfully fires soon-to-be-covered employee who gives notice of need for upcoming FMLA leave

Sherman & Howard LLC
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USA
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March 5 2013

Timing is everything. If an employee has not yet been employed for the 12 months required by law in order to be eligible for Family & Medical Leave

No overtime pay liability when employee fails to report exact time worked

Sherman & Howard LLC
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USA
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January 2 2013

A recent decision from the Tenth Circuit Court of Appeals instructs employers how they may avoid Fair Labor Standards Act overtime pay liability for

Employers and employees may contract to arbitrate non-competes

Sherman & Howard LLC
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USA
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January 2 2013

The U.S. Supreme Court has weighed in again on employer-employee arbitration agreements, this time holding that disputes over the enforceability and

Customer that asks a contractor to send another employee who can speak clearer English may become the sole “employer” liable for title vii national origin discrimination

Sherman & Howard LLC
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USA
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November 5 2012

The U.S. District Court for the District of Colorado has recently issued surprising case decisions, ruling that parties other than the direct employer of a plaintiff may be liable for discrimination

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

Sherman & Howard LLC
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USA
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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

Employer’s duty to reasonably accommodate the disabled includes transfers for reasons other than performance of essential job functions

Sherman & Howard LLC
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USA
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November 5 2012

A cardinal rule of disability discrimination law has been that an employer must make reasonable accommodations for a disabled employee, so that the individual can perform the essential functions of his or her job, but not for the individual's personal convenience or benefit

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