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The Employer Handbook BlogWhat should employers do if they doubt the sincerity of an employee’s religious beliefs? NOT THIS!
Suppose an employee, an adherent of a religion you’ve never heard of, requests time off from work on certain religious observance days.
Articles Posted in Third Circuit Employment Law 101
An employee facing termination of employment requested FMLA leave. It didn’t save him from getting fired. Here’s why…
In a precedential decision issued on Friday, the Third Circuit Court of Appeals declined to reinstate a plaintiff’s trial court victory for FMLA interference, concluding that when he requested leave for migraine headaches, he did not yet have a serious health condition.
Did you know that even temporary impairments like a back injury can qualify as disabilities?
Back in the day, it could be difficult for a plaintiff claiming disability discrimination even to prove that they had a disability. Continue reading
It turns out that an employee planning her “exit strategy” with her attorney wasn’t constructively discharged from her job.
I’ll go ahead and file this one under: “Ya think?”
But perhaps I’m getting out over my skis. So, let’s see what you think. Continue reading
Proving a disability in court isn’t that hard. (Even judges mistake how easy it is.)
A man walks into a job interview. Continue reading
Heads up, employers. It’s a lot easier for employees to claim discrimination — even without getting fired.
Earlier this year, the Supreme Court ruled that an employee claiming discrimination under Title VII of the Civil Rights Act of 1964 need only show that their employer treated them worse than someone else because of a protected characteristic such as race, gender, or national origin.
Last week, a federal appellate court hinted at some examples of when a plaintiff suffered “some harm” to a term or condition of employment, which would be enough to have a facially plausible claim of discrimination.
If your company handles military leave for employees this way, you may be doing it all WRONG
Yesterday, a federal appellate court issued a precedential opinion clarifying when employers must pay employees and provide certain benefits while they take short-term military leave under the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”).
Retaliation can come in all shapes and sizes
Earlier this month, a federal appellate court addressed a few situations involving retaliation claims in the workplace in which parties (and sometimes courts) may misapply the law, namely, Title VII of the Civil Rights of 1964.
So, let’s clear this up. Continue reading
Why might the Phillie Phanatic get paid for the time it takes to get into costume at the ballpark?
By Terry Foote – I took this photograph while attending a Spring Training game, CC BY-SA 4.0, Link
Because who is going to click if I had titled this post, “The Third Circuit clarifies when compensable work is the ‘integral and indispensable.'”
But, now that you’re here, you might as well stick around for this wage-and-hour lesson. Continue reading
If the boss is creating a hostile work environment, no amount of fix-it may save you in the lawsuit
Not this Boss. I’m talking about someone so high up in the company food chain that they serve as the organization’s proxy. Continue reading