Tag Archives: Disability

Employer’s Honest Belief Sufficient to Defeat FMLA Retaliation Claim

In a welcome decision to employers, the Third Circuit decided last week, for the first time, that an employer’s mere “honest belief” that an employee misused FMLA leave is sufficient to defeat a retaliation claim. As an employee claiming retaliation for using protected FMLA leave must prove that the very exercise of that right was a … Continue Reading

Recent Florida Supreme Court Decisions on Workers’ Compensation Could Lead to Higher Premiums

In two long-awaited decisions, the Florida Supreme Court declared several provisions of the state’s workers’ compensation statutes unconstitutional, weakening legislative reforms approved in 1994 and 2003 intended to curb the system’s growing costs and higher premiums for employers and businesses. The rulings, in Castellanos v. Next Door Company and Westphal v. City of St. Petersburg … Continue Reading

Tips to Avoid a HR Nightmare: The Top 4 Mistakes Employers Make – Part II

More than ever, employers are facing serious claims from disgruntled workers.  This two-part series discusses the top four tips for employers to avoid claims from unhappy workers: 1.         Failure to document unsatisfactory job performance.  2.         Failure to terminate bad workers before it is too late.  3.         Failure to enforce the company’s harassment policy.  4.         Failure … Continue Reading

Tips to Avoid a HR Nightmare: The Top 4 Mistakes Employers Make – Part I

Claims from disgruntled workers are on the rise.  In 2012, for example, the EEOC reported that nearly 100,000 total charges had been filed nationwide!  These claims include discrimination charges of race, sex, national origin, religion, color, retaliation, age, disability, and equal pay.  In this two-part series, learn how to head off potential litigation by avoiding … Continue Reading

ADA – Accommodation – Disabilities

With the enactment of the ADA Amendments Act, there has been much attention focused on the expanded definition of a disability in which many, if not most, medical conditions qualify as a disability under the Act. However, perhaps overlooked, is that an employee who is disabled must still be qualified to perform the essential functions … Continue Reading