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The Employer Handbook BlogProving a disability in court isn’t that hard. (Even judges mistake how easy it is.)
A man walks into a job interview. Continue reading
Articles Posted in Hiring & Firing
Oh, you think you know retaliation, do you? Wait until you see this.
Yesterday, I read a press release in the EEOC’s Virtual Newsroom announcing the resolution of a retaliation lawsuit. In my twenty-plus years of practicing employment law, I didn’t recall seeing retaliation claims quite like this one. Continue reading
Firing fast in certain situations can help defeat retaliation claims. Yes, firing FAST!
The common logic is that firing an employee shortly after complaining about workplace discrimination isn’t a good look. Continue reading
Previously overlooked, a black man changed the name on his resume to sound less ethnic. Then, he got an interview. Now, he’s suing.
Yesterday, we discussed unconscious bias training in the workplace. Today, we’ll talk about an employer that may need some if the allegations in a recently filed complaint against it are true. Continue reading
A Texas federal judge should decide the fate of the FTC noncompete rule today. So, let’s make this interesting….
Let’s play a game of “closest to the pin.” Continue reading
Employers: It’s time again to have an employment lawyer review your severance agreements.
On Wednesday, an administrative law judge issued a cease and desist order forcing an employer to rescind overly broad nondisparagement and confidentiality language from its severance agreement and notify all former employees who signed them.
This could have been avoided. Continue reading
Poor Yelp reviews — and not retaliation — are why this rude restaurant hostess got fired
The hostess at an Asian-American restaurant in Chicago, Illinois, was employed in that role for about two years.
Two years the restaurant probably wishes it could have back. Continue reading
This guy didn’t need an accommodation to perform his job. He wanted one to avoid discipline.
Today, I will tell you about an employee caught sleeping on the job.
Several times. Continue reading
Man tests positive for marijuana, blames it on his lip balm, and doubles down with an ADA lawsuit.
Yesterday, I wrote about how the DEA’s move to ease restrictions on marijuana would change the ADA landscape for employers by requiring accommodations for employees with disabilities who use medical cannabis to treat.
For now, however, marijuana remains a Schedule One drug. So, the Americans with Disabilities Act does not protect individuals with actual disabilities who lose their jobs for testing positive because the ADA does not protect individuals engaging in “the illegal use of drugs” within the meaning of the statute.
But what if the employee does not have an actual disability? Continue reading
With the DEA reportedly ready to ease restrictions on marijuana, the ADA landscape changes for employers
Last week, the Associated Press reported that the U.S. Drug Enforcement Administration would move to reclassify marijuana (cannabis), moving it from Schedule I, where it’s currently listed with heroin and LSD, to Schedule III, with as less dangerous doctor-prescribed drugs like (Tylenol with codeine) and testosterone. Continue reading