Articles Posted in Third Circuit Employment Law 101

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medical form by Linseed Studio from the Noun Project

I think we all need a break from the COVID-19 vaccination posts. So, let’s address your second-favorite HR topic: FMLA leave administration!!!

Hey, put down that bottle! It’s only 8 am. Continue reading

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Image Credit: MaxPixel.net

A white employee complains in writing that a colleague called his biracial grand-niece a “monkey” and texted him racially offensive comments about his coworkers. Within months, the employer fired the complainant.

Is this retaliation? Continue reading

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Image by DigitalShards from Pixabay

I’ve talked a fair amount recently about retaliation claims (here and here), mostly focusing on timing as the possible link between a protected activity (such as a complaint of discrimination) and an adverse employment action (like a firing).

The plaintiffs in those cases were unsuccessful in proving retaliation. And, in the case about which I’m blogging today, the employer almost prevailed on summary judgment too.

Almost. Continue reading

You’ve been here before.

One of your employees just complained about discrimination in the workplace. Or maybe s/he just participated in an HR investigation. A few days or weeks later, s/he violates your work rules and you have clear grounds to fire the employee.

Now you have a conundrum. Do you fire the employee and risk the retaliation claim? Or do you give the employee a pass?
Continue reading

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Image Credit: Pixabay.com

Yesterday, I was reading this case about a woman who was fired while taking leave under the Family and Medical Leave Act. She later sued, claiming FMLA interference; i.e., that her employer had denied her FMLA benefits to which she was otherwise entitled.

An employee fired while on FMLA leave is usually a recipe for trouble for the employer.

But not this time. Continue reading

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Image Credit: http://www.freestockphotos.biz/stockphoto/14050 (nicubunu acquired from OCAL (Website))

On most days, I blog for you, my readers, to educate you on new legal issues and to keep you ahead of the HR-compliance curve.

This is not most days.

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