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Did Misconduct Discovered During FMLA Leave Justify Termination?

By Lisa Berg, Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. The U.S. 11th Circuit Court of Appeals—which covers Alabama, Florida, and Georgia—recently had to decide whether Dollar General violated the Family and Medical Leave Act (FMLA) or the Americans with Disabilities Act (ADA) when it terminated an employee based on its discovery during her […]

‘No Fair, I’ve Got Free Speech Rights!’ (Sorry.)

Special from Chicago—SHRM Annual Conference and Exhibition In private employment, the employer determines whether there is an expectation of privacy, says attorney Jonathan Segal, but unwary employers may create the right if they are not careful. (Government employees generally have a constitutional right to a higher level of privacy than those in the private sector.) […]

New human rights regime now in force in Ontario

by Brian Smeenk On June 30, 2008, new human rights legislation in Ontario came into force. The new regime radically changes the way in which human rights complaints are dealt with in Ontario. Employers, employees, and unions are watching closely to see how well the new system works. 1. Complainants given direct access to tribunal […]

Employers Should Prepare for SBC Requirements

Employers and plan administrators have a new reporting requirement to fulfill now that the Patient Protection and Affordable Care Act is confirmed to be the law of the land. The U.S. Supreme Court’s ruling in National Federation of Independent Business, et.al. v. Sebelius, No. 11-393 (June 28, 2012) eliminates any doubt regarding whether employers need to comply with […]

How to Provide a Satisfying Work Experience

In a previous post, we discussed that when companies value and actively cultivate high employee morale, they tend to outperform their competition by 20%. Today, we’ll offer several tips and strategies on how to improve employee morale and candidate experience in your organization by first getting to know your candidates and employees better.

Court Clarifies Standards for Mixed-Motive Claims

“Mixed-motive” discrimination claims are among the most confusing kinds of employment cases. A mixed-motive bias claim occurs when an employee alleges that bias was one of the reasons that the employee was terminated or suffered some other kind of adverse employment action. In these cases, the employer asserts that there was a legitimate reason for […]