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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


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


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


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


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


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 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 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."


Tenth Circuit rules that ADA’s Title II does not reach employment discrimination
  • Sherman & Howard LLC
  • USA
  • November 5 2012

The Tenth Circuit Court of Appeals, which includes Colorado, recently ruled on an issue that appears destined to be decided by the U.S. Supreme Court - whether an employee of a state or local governmental unit can pursue employment discrimination claims under Title II of the Americans with Disabilities Act


Employee’s hostile conduct was objective basis for personality test
  • Sherman & Howard LLC
  • USA
  • May 13 2013

An employer lawfully required an employee to undergo a psychiatricpsychological fitness-for-duty examination because of his obstreperous conduct