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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


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


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


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


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


Making different severance benefit offers to dismissed employees may be unlawful discrimination
  • Sherman & Howard LLC
  • USA
  • May 1 2012

We repeatedly advise clients to adopt a severance pay plan setting forth the amounts of severance pay for departing employees, as well as the terms and conditions of such benefits, and to follow the plan consistently, rather than making different promises and offers of severance pay to different employees


Timing of employee discharge supports FMLA retaliation and interference claims
  • Sherman & Howard LLC
  • USA
  • November 2 2011

Most employers believe that an employee who is laid off for business reasons has no basis for a lawsuit


Idaho court extends public policy protection to constructive discharges
  • Sherman & Howard LLC
  • USA
  • November 2 2011

By now, most employers recognize the risk of a wrongful discharge claim arising from an employee's dismissal for a reason that violates state public policy - typically, a discharge for the employee's performance of a legal duty, the employee's exercise of a legal right, or an employee's refusal to perform an illegal act


Employer lawfully fires soon-to-be-covered employee who gives notice of need for upcoming FMLA leave
  • Sherman & Howard LLC
  • USA
  • 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