When a company has an employee who is approved for leave under the Family and Medical Leave Act, sometimes that employer get nervous about parsing FMLA-qualifying absences from other sick days that have nothing whatsoever to do with the employee’s underlying serious health condition. The end result is an employee who…
On the day before Halloween, a Pennsylvania federal court (here) denied an employer’s attempt to have a religious-accommodation case dismissed early. This isn’t your run of the mill religious-accommodation case. “The Book of Revelation prohibits the mark of the devil” The plaintiff, a school bus driver, alleges that she was…
***pops open can of Haterade*** A local Philadelphia-area school district employed a teacher/union advocate for about 10 years until it ended his employment on the grounds that he was creating a hostile work environment for his fellow teachers and making lewd and suggestive statements to students. Given that this is…
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If an employer violates the Fair Labor Standards Act, like by not paying overtime, the plaintiff(s) can generally recover two years of unpaid overtime for the two years preceding the lawsuit. Those plaintiffs may also recover liquidated damages equal to the unpaid overtime. So, if an employer owes $100 in…
Not even close to that fun. No, it’s about a guy who got fired after his employer concluded that he had gained unauthorized access to its electronic files. It just so happens that the plaintiff accessed those files to assist his employer in defending two discrimination actions that other employees…
Actually, pretty much everyone.That includes, most importantly, the relevant portion of the three-judge Pennsylvania Superior Court panel in this recent opinion. The case, Joseph v. O’Laughlin, doesn’t involve an employment relationship. Rather, the plaintiff and defendant entered into an asset purchase agreement, which included a covenant not to compete. Among…
Just before the Labor Day weekend, I blogged here about an Americans with Disabilities Act complaint filed in federal court by the U.S. Equal Employment Opportunity Commission that should have employers scrutinizing their leave policies and procedures. Today, I’ve got news of another EEOC lawsuit filed in my backyard in the Eastern…
That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post.” Let’s do an FMLA quiz. We know that an FMLA-eligible employee must check three boxes: Work at a location that…
A lesson on why it’s so important to tell it like it is when firing someone. “It’s not working out.” The plaintiff in McMullin v. Evangelical Services for the Aging (opinion here) began his job as CFO in March 2014. He was 63. Hired by the employer’s CEO, the plaintiff…