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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
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
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
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
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