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Firing

Whistle-blower claims retaliation by Bexar constable’s office

05/02/2011

Michael DeMarquis worked for the Bexar County Office of the Constable for only five months, but between August and December 2009, he says he compiled an extensive list of illegal practices. Now he’s suing the law enforcement agency, claiming he was fired from his job as a warrant clerk in retaliation after he uncovered the following:

Age discrimination claim may bar other claims

04/28/2011
The U.S. Supreme Court has ruled that to prove age discrimination, employees have to show that age was the sole reason for an adverse employment action. That usually means employees can’t claim that other types of discrimination were also in play.

Is employee really disabled? Use common sense

04/28/2011

When it comes to deciding whether to grant reasonable accommodations, the first step is to determine whether the employee is really disabled. A diagnosis isn’t the last word. Does the condition actually limit the employee in some substantial way?

Try to settle FMLA claims: Appeals court says you don’t need DOL’s prior approval

04/25/2011

The 4th Circuit Court of Appeals has finally settled a key question: Can employers and employees settle FMLA disputes without having to get either court or Department of Labor approval? The court said yes, such cases can be settled between the parties without outside interference. That’s good news.

What is ‘cat’s paw’ liability?

04/25/2011
Q. I’ve been hearing a new term lately: “cat’s paw” lia­bil­ity. What is it, and why should I be worried about it?

Return-to-work denial might be retaliation

04/25/2011
Some employers seem to think they can force troublesome employees to give up and quit by making work life miserable. The more likely result: a lawsuit.

Keep lawsuit clock on your side: Make sure employees know exact date of employment action

04/25/2011

Employees only have a short period of time to file their initial dis­crimi­na­tion claims. The clock starts ticking as soon as the employee knows or should have known about some material, potentially adverse job change. That’s why you need to be absolutely clear to employees when you make a job change—and note it in your files.

Supreme Court’s big retaliation ruling already a factor

04/19/2011
When the U.S. Supreme Court speaks, employers better listen! The ink was barely dry on the High Court’s retaliation decision in Thompson v. North American Stainless when a federal judge considering a Florida case expanded the opinion’s reach.

Double-check employee ID records! No-match letters are back

04/19/2011
After a three-year hiatus, the Social Security Administration has resumed sending no-match letters to employers, alerting them when employees’ Social Security numbers don’t correspond to numbers in the SSA’s database. Because the feds have offered no guidance on what no-match letters mean these days, experts fear confusion for employers.

Showing sympathy doesn’t create ADA liability

04/18/2011
Employees who turn out not to meet the definition of “disabled” can still sue for disability discrimination based on their employer’s perception that they are disabled. That doesn’t mean, however, that supervisors can’t express concern and sympathy when an employee reveals a problem. Nor does it mean they can’t offer accommodations at that point or explain what types of leave are available.