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How to fire an employee right after his FMLA expires . . . and win the retaliation lawsuit.
Hey, don’t judge me. You’re just as heartless reading this as I am writing it.
Hey, don’t judge me. You’re just as heartless reading this as I am writing it.

An individual who wants to bring federal disability discrimination and retaliation claims against an employer can’t just go right to court. No, courts would choke with employment lawsuits.
Instead, she must first exhaust her administrative remedies at the U.S. Equal Employment Opportunity Commission by filing a charge of discrimination. But there’s a little more to it than that. Continue reading

The muse for today’s post is whoever drafts the press releases for the U.S. Equal Employment Opportunity Commission. Continue reading

Some of you are clutching your pearls and mouthing, “God, I hope so.” Continue reading

A few weeks ago, I blogged about a situation involving an employee who used CBD products and tested positive for marijuana at work. She claimed that the employer took into account her underlying disability when it terminated her employment and violated the Americans with Disabilities Act. The employer countered that it did know she was disabled. So, the employer won.
But, now, let’s change the facts. Continue reading

More employers now are using software, algorithms, and artificial intelligence to make smarter hiring decisions. There’s nothing inherently unlawful about that.
Except, consider this. Continue reading

His claims were so old that they predate the Americans with Disabilities Act of 1990.
Let’s see how his ADA lawsuit turned out.
(Spoiler alert: Not well). Continue reading

That reads a little bit like a headline from The Onion. Continue reading

Last night, I read this federal court opinion where a defendant, sued after firing a plaintiff who used CBD for her disability, got the entire case dismissed.
So, let’s talk about how and why. Continue reading