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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


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


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 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."


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


Fragrance-free workplace policy & work at home may have been reasonable accommodations for employee with asthma and chemical sensitivity to “Japanese Cherry Blossom”
  • Sherman & Howard LLC
  • USA
  • September 6 2012

A federal court in Ohio recently ruled that an employee with asthma and chemical sensitivity to perfumes and scented products could pursue an Americans with Disabilities Act claim against her employer for not reasonably accommodating her disability, despite the many (albeit delayed) accommodations offered by her employer


Employer has no duty to make reasonable accommodations for a non-disabled employee associated with a disabled person
  • Sherman & Howard LLC
  • USA
  • September 6 2012

Can an employer lawfully fire a non-disabled employee because her responsibilities caring for a disabled child preclude her from working weekends?


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


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


Michigan Medical Marihuana Act does not save employee from dismissal for positive drug test result
  • Sherman & Howard LLC
  • USA
  • March 3 2011

Colorado employers are anxiously awaiting an appellate court decision on whether properly registered medical marijuana users in the state may have a public policy wrongful discharge cause of action if they are discharged for a positive cannabis test result under their employers' drug and alcohol abuse programs