Hunting cabin

Zindox, CC BY-SA 3.0, via Wikimedia Commons

Consider this simple set of facts:

  1.  Employee injures his knee;
  2.  Employee requests FMLA leave;
  3.  Employer says no because the FMLA leave would coincide with the employee’s hunting trip;
  4.  Employee takes leave anyway; and
  5.  Employer fires employee upon his return to work.

Has the employer violated the FMLA? Continue reading

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Image by mohamed Hassan from Pixabay

If I’m taking the plaintiff’s deposition, and I hear these words escape his lips when describing the termination meeting with this supervisor, well, I’m not sure how I would go about maintaining my poker face. Continue reading

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Image by Gerd Altmann from Pixabay

Rarely — and by “rarely,” I mean usually — I’ll have an employer client ask me about countersuing an employee that has just sued the company.

First, you’re probably just throwing good money after bad. But, I generally don’t debate this with my more “principled” clients — at least the ones willing to pay me a large retainer 😉.

But, there’s a bigger issue. Continue reading

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Image by Ohmydearlife from Pixabay

Imagine not only facing a Charge of Discrimination that one of your employees has filed with the United States Equal Employment Opportunity Commission but also enduring an investigation where the EEOC ultimately concludes there is reasonable cause to believe discrimination has occurred.

Uggh. Continue reading

“Doing What’s Right – Not Just What’s Legal”
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