A transit agency thought it had a clear-cut reason to fire an employee under its no-fault attendance policy. But a disputed call-out, followed by a retroactive FMLA approval, now means a jury gets to decide whether the termination was lawful. TL;DR: A bus driver with a chronic medical condition was…
Articles Posted in Pennsylvania
A federal judge just remanded a wage-and-hour case, and used two Simpsons references to do it. That’s enough to embiggen my blogging motivation.
This isn’t just a cromulent decision—it’s a reminder that attorneys’ fees can’t be used to shoehorn a small state wage claim into federal court. TL;DR: A federal judge in Pennsylvania kicked a wage-and-hour case back to state court after finding that the employer couldn’t show more than $75,000 was at…
This ADA Case Is a Checklist of What Not to Do
A machine operator with osteoarthritis tried to return to work with restrictions. Instead, he got terminated. Now his ADA case is headed for trial. TL;DR: A federal court just denied summary judgment in an ADA case involving a machine operator who asked to return from disability leave with light-duty restrictions.…
Burned by the ADA: When Legal Weed Gets You Fired
Turns out a medical marijuana card can’t cure everything—especially if what you’ve got is a bad case of ADA expectations. Here’s a lesson in what happens when federal law refuses to roll with the times. TL;DR: A Pennsylvania federal court just held that legally using medical marijuana under state law…
Deviation, Documentation, and the Door: When Honest Belief Meets FMLA Misuse
When employees stretch their FMLA leave beyond what’s certified, courts look closely at how employers respond. A recent case shows how solid documentation and a clear-eyed review of the facts can support a defensible termination. TL;DR: An employee claimed FMLA interference and retaliation (plus a bunch of other discrimination claims)…
From Drug Test to Lawsuit: A Medical Marijuana Case Every Employer Should Know
If The Dude from The Big Lebowski applied for a job today—with a medical marijuana card in hand and nothing but good vibes—what legal rights would he actually have? A recent federal court decision from Pennsylvania offers a reality check for employers navigating job offers, drug tests, and lawful cannabis…
This University Was Sued Over Antiracism Training—Here’s Why the Court Dismissed It
About a year ago, a federal judge greenlit the lawsuit of a former university professor who alleged that his employer created a racially hostile work environment through various discussions and initiatives focused on antiracism and racial justice. In his complaint, the professor alleged that he had to attend conferences or…
No Laughing Matter: How a Comedian’s Racist and Sexist Jokes Led to a CFO’s Retaliation Claim
I just had to write about a federal court decision from earlier in 2024 that I finally got around to reading. It serves as a critical reminder for employers: All complaints about a hostile work environment must be taken seriously—even when they involve a comedian hired to entertain at a…
Let’s revisit Friday’s post about what state’s laws apply to a remote NJ worker’s employment claims
Back by popular demand. I see that Friday’s post threw some of you for a loop. Perhaps you were always told (or just assumed) that if your business has employees working from home in another state, then that state’s law would apply to some or all claims they may have…
Can out-of-state remote workers handpick the most favorable state employment laws for a lawsuit?
In the evolving landscape of remote work, many employees believe they are shielded by the laws of the state they reside in. However, a recent decision from the United States District Court for the District of New Jersey — of all places !!! — reveals a harsh reality: working remotely…