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The Employer Handbook Blog
Lying lawyer loses lawsuit. Let’s look.
André Koehne, CC BY-SA 3.0, via Wikimedia Commons
Early in my career, I learned that it’s bad form for a lawyer to accuse another party of having “lied.” Judges generally frown upon this.
So, you can imagine that my interest was piqued when I read an Eighth Circuit decision issued yesterday weighing “the appropriate sanction for a plaintiff who lied in a deposition and withheld information.”
Rip this FMLA policy out of your employee handbook. And burn it with fire.
Employers that maintain a policy of treating any employee unable to return to work following the expiration of FMLA leave as having voluntarily resigned are begging for trouble.
But don’t just take my word for it. Continue reading
Court to feds: You can keep using salary to measure which workers should receive overtime
Emphasizing that the Department of Labor has used a minimum salary requirement to help decide who is overtime-eligible, the Fifth Circuit Court of Appeals recently determined that the Fair Labor Standards Act authorizes this benchmark. Continue reading
FTC: It may be more than a year before a court greenlights our non-compete rule — if at all
The Federal Trade Commission, the architects of the sweeping noncompete ban that a federal judge in Texas set aside last month, told a federal judge in Pennsylvania yesterday that an appeal of the Texas decision “would likely take months to fully brief and could take a year or longer until a final decision.” Continue reading
This employer went to the hospital and fired its employee while in psychiatric treatment. Then it defeated his FMLA claim.
So much about what I’m about to tell you is messed up. Continue reading
Did you know that even temporary impairments like a back injury can qualify as disabilities?
Back in the day, it could be difficult for a plaintiff claiming disability discrimination even to prove that they had a disability. Continue reading
It turns out that an employee planning her “exit strategy” with her attorney wasn’t constructively discharged from her job.
I’ll go ahead and file this one under: “Ya think?”
But perhaps I’m getting out over my skis. So, let’s see what you think. Continue reading