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Results: 1-10 of 99

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


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


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


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


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


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 the scope of protected “opposition” shrinking?
  • Sherman & Howard LLC
  • USA
  • May 1 2012

Section 704 of Title VII protects an employee from retaliation for "opposing" the employer's illegal discrimination or for "participating" in a proceeding raising a claim of discrimination banned by Title VII


No overtime pay liability when employee fails to report exact time worked
  • Sherman & Howard LLC
  • USA
  • 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


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


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