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Employment Law

Need employment law advice? Your employee’s hungry attorney knows the latest on employment at will, reasonable accommodations, and more.

Minimize employer liability, optimize labor relations, bullet-proof your employee handbook and update your knowledge of ADA guidelines with our employment law advice.

Employees who file for Social Security disability benefits, alleging they are totally disabled, sometimes have ADA cases pending. If you discover that’s the case, scour your files for evidence of contradictory claims. You may be able to get the ADA lawsuit dismissed.

Here’s an important reminder to pass along to managers and supervisors: Simply dismissing a disabled employee’s request for accommodations is folly unless it is crystal clear that no accommodation is possible.
There’s a new legal worry for organizations that receive federal funding contingent on complying with performance conditions. Under the federal False Claims Act (FCA), employees reporting wrongdoing may receive a whistle-blower award worth up to 25% of funds wrongly received by their employer.
Some schoolyard bullies grow into workplace bullies. In most cases, their behavior won’t lead to a lawsuit. But that’s not always the case.
The 9th Circuit Court of Appeals has sent to arbitration a labor/management dispute over union representation following several lawsuits that accused employers of acting in bad faith by refusing to accept the union as em­­ployees’ bargaining representative.
The 4th Circuit Court of Appeals has ruled that it’s not retaliation for a prospective employer to refuse to hire someone who sued another employer for wage-and-hour violations under the FLSA. Even so, tread carefully in this area, because the rules could change.
The 9th Circuit Court of Appeals has sent to arbitration a labor/management dispute over union representation following several lawsuits that accused employers of acting in bad faith by refusing to accept the union as em­­ployees’ bargaining representative.

Soldiers who take military leave for active service or training are generally entitled to return to their jobs when they finish their military service. They even have protection from being terminated without cause if they served long enough. But USERRA does not protect employees who fail to follow existing company rules when they return or try to return.

With more veterans returning from active duty service in Iraq, Afghanistan and elsewhere, employers are facing more reemployment claims. Under USERRA, service members are entitled to reinstatement as if they never left for deployment. That right includes seniority and allowance for promotions that would have occurred if they had not been deployed.

Sometimes, employers have to stand their ground and refuse to try an un­­workable accommodation.