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You are here: Home / Archives for Americans with Disabilities Act

When Absence DOESN’T Make the Heart Grow Fonder: Leave Requests Under the ADA

December 12, 2019 by theemplawyerologist Leave a Comment

Woody Allen is credited with saying that 80% of success is showing up. That could certainly apply to the workplace. To be fair though, he made that comment in 1977 before remote work, telecommuting, video conferencing and similar technological advances were in existence. It’s clear that some jobs do not require physical presence on the […]

In the Hotseat — For Denying an Employee A Chair…???

June 20, 2019 by theemplawyerologist Leave a Comment

Suppose you run a service business with a front desk — a hotel, perhaps. Or you hire cashiers to work at a cash register. You need employees to work at that desk or cash register.  Most of the time the desk clerk or cashier is standing, right? Is it necessary that they stand for the […]

What (NOT) To Do When Your Employee Gets Injured on the Job…

January 31, 2019 by theemplawyerologist Leave a Comment

Your employee incurs a slip-and-fall injury. What do you do? You might be thinking this is a trick question. Isn’t it what some would call a no-brainer? Give him/her a claim form, report the injury to your workers’ comp carrier and have the carrier-designated physician conduct a medical examination and see what’s to be done […]

How Listening to the Doctor Can Defeat an Employee’s ADA Claim..

December 20, 2018 by theemplawyerologist Leave a Comment

Normally, if you hear that an employee was on medical leave for a stroke, completed rehab, wanted to return to work and that the employer said “No”, you might automatically that the employer’s response is an FMLA or ADA violation, or both. Not always. I often write about cases that allow us to learn from […]

Can You Eliminate a Position…After the Employee Returns from FMLA Leave?

November 28, 2018 by theemplawyerologist Leave a Comment

If you have 50 or more employees, chances are, you’ve dealt with at least one employee taking and returning from FMLA leave. If you’ve weathered at least one recession or other financial ups and downs, you’ve probably had to downsize. What happens when both occur at the same time? What happens when you have an […]

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