I hear many of you are dying for my hot take on how Tenth Circuit Judge Neil M. Gorsuch may shape employment law as a member of the U.S. Supreme Court. Then again, those could be the voices in my head.
***Q-tips***
Ah, that’s better. Where was I? Oh yes, happy Groundhog Day.
The Third Circuit Court of Appeals has issued its first precedential decision confirming that the honest-belief doctrine defeats a retaliation claim under the Family and Medical Leave Act.
In plain English, the court in Capps v. Mondelez Global, LLC concluded that an employer can fire an employee whom it truly believes is misusing FMLA — even if the employer’s suspicion of FMLA fraud turns out to be wrong. That’s not FMLA retaliation.
When it comes to working for me as a blog minion, I don’t have many rules.
Actually, I do have many rules.
The answer to this question, because I’m a lawyer, is “it depends.”
Naturally, of course.
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Blogger Claus — that’s me, I’m the non-denominational, workplace-friendly Blogger Claus — wants to reward his good readers with some holiday cheer.
(The bad readers get two EEOC Charges and will be fed to Krampus).
I know y’all are waiting with baited breath — wait, hold do you bait breath? Like a putting a worm on a fishing line or something?
***Googles***
Right, as I was saying, I know y’all are waiting with bated breath for me to publish all of those reader-submitted holiday-party “yowzas” I asked you to email me yesterday. But, let’s give that one more day to marinate — build the suspense.
(You can still get in the on the party. Just read yesterday’s post and holler at your boy).
Today, I want to take you to school to discuss the Americans with Disabilities Act and job descriptions.
Check that. Bad job descriptions.
I brought my pencil! Gimmee something to write on.
Actually, as I see it, yes, Eric is utilizing hyperbole.
But, this recent Eighth Circuit opinion in a case involving the duty to accommodate under the Americans with Disabilities Act is a dicey one for employers.
The Employer Handbook Blog
.jpg "By greeblie from US (Instrument Of Evil?) [CC BY 2.0 (http://creativecommons.org/licenses/by/2.0)], via Wikimedia Commons")