We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



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


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


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


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


Employer’s practice of requiring medical reasons for absence in doctor’s statements violates ADA
  • Sherman & Howard LLC
  • USA
  • March 1 2012

An employee (we'll call her Ms. Jones) who missed three days of work presents to you the following doctor's note: "Ms. Jones off work three days, will return next Monday."


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


Demanding that ex-employee not use confidential business information may result in Title VII retaliation liability
  • Sherman & Howard LLC
  • USA
  • January 4 2011

Before sending a letter to an ex-employee demanding cessation of unauthorized disclosures of the company's confidential business information, an employer should consider various factors


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


“Cat’s paw” evidence insufficient to prove that age was “but for” cause of employee’s layoff
  • Sherman & Howard LLC
  • USA
  • 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