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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


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


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."


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."


Inaccurate information given in post-offer, pre-hire exam may not be basis for employee’s later discharge
  • Sherman & Howard LLC
  • USA
  • September 1 2011

The Americans with Disabilities Act permits an employer to require an applicant to pass an employment entrance examination, if the applicant has received a conditional job offer, if the examination inquires into the ability of the applicant to perform job-related functions, if all such entering employees are required to undergo an examination, and if the information obtained is retained separate from other records and is treated as a confidential medical record


Conditioning light duty assignment for pregnant employee on dismissal of her EEOC charge was retaliation
  • Sherman & Howard LLC
  • USA
  • July 9 2012

In a case involving a scenario that was mishandled by the employer in too many ways to count, the Eleventh Circuit Court of Appeals ruled recently that an employer's conversion of an unconditional light duty assignment to a pregnant employee, to an assignment conditioned on her withdrawal of her EEOC charge was a retaliatory act under Title VII


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


Offer letter: whole show or just a preview?
  • Sherman & Howard LLC
  • USA
  • 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


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


Employers and employees may contract to arbitrate non-competes
  • Sherman & Howard LLC
  • USA
  • 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