We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



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


How not to make a layoff decision look discriminatory
  • Sherman & Howard LLC
  • USA
  • March 3 2011

When employers are held liable for discrimination in a reduction in force, the liability is all too often the result of, not illegal bias, but rather, poor decision-making procedures, sloppy documentation and inattention to detail


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."


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


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


EEOC subpoena for fitness test information not enforced
  • Sherman & Howard LLC
  • USA
  • November 2 2011

The Equal Employment Opportunity Commission, in its investigations of charges, often seeks records far beyond those relating merely to the charging party and his or her allegations. When an employer resists an EEOC subpoena, it typically results in a court action for the subpoena's enforcement


No FMLA cause of action for supervisor’s alleged exacerbation of employee’s health condition
  • Sherman & Howard LLC
  • USA
  • November 2 2011

In a recent case under the Family and Medical Leave Act, Breneisen v. Motorola, Inc., No. 10-1982 (7th Cir. Sept. 2, 2011), the Seventh Circuit ruled that an employee could not recover damages from his employer under the FMLA for his supervisor's alleged harassment when the plaintiff returned from a leave of absence, when it then resulted in the exacerbation of his health condition, necessitating another leave of absence


Demanding that ex-employee not use confidential business information may result in Title VII retaliation liability
  • Sherman & Howard LLC
  • USA
  • January 4 2011

Before sending a letter to an ex-employee demanding cessation of unauthorized disclosures of the company's confidential business information, an employer should consider various factors


Agreements among employers not to poach others’ employees may result in antitrust liability
  • Sherman & Howard LLC
  • USA
  • May 1 2012

A federal court has decided that employees of seven well-known Northern California businesses may proceed with their federal antitrust law claims attacking their employers' alleged conspiracy to fix and suppress employee compensation and to restrict employee mobility