Showing 6 posts from December 2012.

Employer not Required to hire Independent Contractors to Accommodate Employee’s Religious Observance

The Fourth Circuit recently held that an employer did not have to hire independent contractors or take other action which would have been detrimental to other employees in order to accommodate the religious beliefs of one of its drivers. More ›

EEOC Announces Strategic Enforcement Plan

The U.S. Equal Employment Opportunity Commission (EEOC) recently approved a Strategic Enforcement Plan. This Plan establishes national enforcement priorities and promotes more strategic use of agency resources, all with the goal of remedying unlawful discrimination.  More ›

Layoff Found to be Valid Position of Reemployment Under USERRA

The Eighth Circuit Court of Appeals recently held that a layoff as a part of a workforce reduction is a valid "position of reemployment" for purposes of the Uniformed Services Employment and Reemployment Rights Act (USERRA).  More ›

Illinois Court: Employee Handbook Created “Agreement” to Support Employees’ wage Claim, even Where Disclaimers Prevented “Contract”

A federal district court judge in Northern Illinois has ruled that an employee handbook, while not a “contract”, may still be an “agreement” upon which employees may rely — and sue. In this particular case, the judge denied the employer’s motion to dismiss a claim under the Illinois Wage Payment and Collection Act (IWPCA), finding that the handbook’s statements regarding compensation were an “agreement” upon which the employees’ could base their claim, despite the handbook’s numerous disclaimers stating that no legally enforceable promise was being made. The ruling, while narrowly applied in this case to support an IWPCA claim, could potentially raise major issues for Illinois employers that rely on such disclaimers to protect themselves against claims based on handbook provisions. More ›

Employer Successfully Defends Termination of Employee at Conclusion of FMLA Leave

The Tenth Circuit Court of Appeals recently held that an employer did not violate the Family and Medical Leave Act (FMLA) by terminating an employee who failed to return to work after exhausting her leave. More ›

Virginia: Employees can sue Individual Supervisors for Wrongful Termination in Violation of Public Policy

A nurse who worked at an orthopedic spine center claimed that she was subjected to sexual harassment by her supervisor, a doctor who was the owner of the center. When she refused to leave her husband to be with the doctor, he allegedly fired her. She filed suit, claiming gender discrimination as well as wrongful discharge against both the center and the doctor. Both parties filed motions to dismiss, and the doctor prevailed on his motion because the district court found that wrongful discharge claims by an employee are cognizable only against the employer and not against supervisors in their individual capacity. The nurse appealed to the Fourth Circuit Court of Appeals, which then certified the following question to the Virginia Supreme Court:  More ›