Under the Family and Medical Leave Act (FMLA), an employer can (and should) require a certification from a health care provider to support an employee’s or the family member’s need for leave because of a serious health condition. This certification is the basis for determining whether the employee has a serious health condition requiring leave,
Litigation
Can You E-mail FMLA Notices?
By Fiona W. Ong on
So I previously wrote about the problem with proving that an employee received a notice required by the Family and Medical Leave Act by regular mail, where there was no delivery confirmation. In a variation on that theme, a court recently held that proving an employee received an emailed FMLA notice could be equally problematic.…
A New Boss Is Not A Reasonable Accommodation
By Fiona W. Ong on
The bad boss is a cliché. There have been many movies about evil supervisors- for example, “Horrible Bosses” and (because one wasn’t enough) “Horrible Bosses 2.” There are TV shows featuring frustrating or bad bosses – like Michael Scott in “The Office,” or Mr. Burns from “The Simpsons.” There’s even a website where you can…
Employers Can Designate Leave As FMLA
By Fiona W. Ong on
So this is a follow up to my post, Employee Held to Choice Not to Invoke FMLA. A bright reader pointed out that the U.S. Court of Appeals for the 9th Circuit made a statement in its decision, which I quoted, that was quite confusing when applied in a broader context. So let’s discuss:…
Employee’s “Husband” Didn’t Sexually Harass Her
By Fiona W. Ong on
This one raised my eyebrows – definitely not your typical sexual harassment case.
In Waltz v. Dunning, the plaintiff began working for a company, BHC, in 2001. She reported directly to the CEO. They began a sexual relationship in 2003, which the plaintiff claimed was initially non-consensual (she said she only had sex with…
What Is the EEOC’s Own Policy on Background Checks?
By Fiona W. Ong on
I don’t actually have the answer to that. But someone else will soon – BMW Manufacturing Co., who is being sued by the EEOC regarding BMW’s use of criminal background checks.
As we’ve discussed in prior posts, the EEOC is being exceedingly (and sometimes unreasonably) aggressive in challenging employer’s criminal background check policies, claiming that…
Tardy While Working From Home?!!
By Fiona W. Ong on
As an employer, you might think you’ve heard all the excuses why an employee is late for work. But what if they’re working from home? Seriously, how is that even possible? Well, that’s exactly what happened in Taylor-Novotny v. Health Alliance Medical Plans, Inc.
In this case, an employee had tardiness and attendance issues from…
The One-Armed Security Guard and the ADA
By Fiona W. Ong on
“Jury Finds In Favor Of EEOC That One-Armed Security Guard Was Fired Because Of His Disability.” Wow, that’s quite a headline, isn’t it? A real eye-catcher. But that was the caption for a recent press release from the EEOC.
In this case, a one-armed man applied for a job as an “unarmed security guard” with…
FMLA = “Fraudulent Medical Leave Act”?!!
By Fiona W. Ong on
This case caught my eye because I love it when aggravated people come up with new and strikingly appropriate interpretations for acronyms – particularly in the employment law area. For example, instead of the Americans with Disabilities Act Amendments Act, ADAAA can stand for “ADAAAGH!” or “Assume Disability, Always Attempt Accommodation!” As for the Family…
Employee’s Claims Undermined By Her Facebook Posts
By Fiona W. Ong on
Posted in Litigation, Social Media
As I’ve said before, it amazes me what people will put on their Facebook (and other social media) pages. Many users, particularly Gen-X’ers, Y’ers, and millienials (and my crazy teenagers), tend to think of Facebook as being a private conversation (with 500 of their dearest friends). Savvy employers should keep this in mind when faced…