Month: April 2021

Can Your Employer Terminate You for Performance Issues Caused by Your Disability?

Posted in Employment Law,Wage & Hour Laws,Wrongful Termination on April 26, 2021

Being terminated for performance issues caused by a disability is not only unfair, it is probably illegal as well. In the federal appellate case of Humphrey v. Memorial Hospitals Association, the court said that for purposes of the Americans with Disabilities Act (with a few exceptions, such as alcoholism or illegal drug use), conduct resulting… read more

California Supreme Court: Employers Cannot Round Time For Meal Breaks

Posted in Employment Law,Firm News,Wage & Hour Laws on April 18, 2021

Recently, The California Supreme Court in Donohue v. AMN Services, LLC decided “that employers cannot engage in the practice of rounding time punches — that is, adjusting the hours that an employee has actually worked to the nearest preset time increment — in the meal period context. The meal period provisions are designed to prevent… read more

Associational Discrimination and How it Relates to COVID-19

Posted in Employment Law,Firm News,Wage & Hour Laws,Workplace Discrimination on April 17, 2021

Imagine asking for an accommodation at work so you can help a family member with a disability and you get terminated for making the request? Imagine in another scenario, your employer grants you the request but then terminates you shortly after? Is that discrimination, even though you are not the one who had the disability?… read more

Time Off From Work Beyond FMLA Leave

Posted in Employment Law,FMLA on April 17, 2021

Sometimes, employees need to take their full 12-weeks of FMLA leave to deal with a serious health condition.  What happens when the employee is unable to return to work at the end of their 12-week leave period?  Can the employer simply terminate the employee?  What if the employee could return after some additional leave that… read more