November 2013

Given all the emphasis on employees’ rights under various laws, employers are sometimes confused about their own rights.  The Americans with Disabilities Act (ADA) is a perfect example.  Under the ADA, employers are required to provide reasonable accommodations to employees with disabilities in order to enable them to perform the essential functions of their jobs. 

Some employees seem to think that if they take leave under the Family and Medical Leave Act (FMLA), they are protected from any and all discipline.  Some employers, confused by FMLA’s many requirements and restrictions, appear to agree.  But the reality is that FMLA doesn’t insulate an employee from the consequences of her bad behavior. 

It’s a classic case of damned if you do, damned if you don’t.  Employers have an obligation to protect their employees from discrimination or harassment by third parties, including patients, customers, clients, vendors, and contractors.  But in the case of Blackburn v. State of Washington Dept. of Social and Health Servs., the employer’s attempt

So many of my clients are dealing with Family and Medical Leave Act (FMLA) abuse by various bad apple employees.  I really feel their frustration because, as many of you know, it is really challenging to address FMLA abuse effectively given the law’s broad protections for employees.  So it’s nice when, every once in a