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Tale of two cases: How to avoid costly FMLA and ADA mistakes

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in Discrimination and Harassment,Employment Law,FMLA Guidelines,Human Resources

Two recent cases exemplify how easy it is for an unaware and unprepared employer to run afoul of employment laws.

In one, an employer’s handbook promised more benefits than the law required the company to provide. In another, the employer transferred a disabled employee apparently just to ease a supervisor’s discomfort with dealing with a disabled staff member.

Both cases show employers must look at the big picture the same way a jury would.

Handbook no balm for Gilead

A 7th Circuit Court of Appeals case, Peters v. Gilead Sciences, decided in July involved an injured Indiana employee who took two short medical leaves in quick succession and was offered a different position when he returned to work. He declined and the company terminated him.

He filed suit under the FMLA, alleging he had been denied reinstatement to the same or equivalent position. His suit also included a claim of promissory estoppel under In...(register to read more)

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