And with that obvious (and rather snarky) statement, the U.S. Court of Appeals for the Fifth Circuit made the obvious point that an employee who was asleep or unconscious on the job was unable to perform the essential functions of his job and therefore not qualified for the position under the Americans with Disabilities Act! Now, as my regular readers know, I enjoy a good snark and my blog posts about various court decisions often contain snide comments. But in this case, the (usually quite proper) Fifth Circuit took care of that all on its own…

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As an employment attorney, I deal with new issues nearly every day.  But, there’s one issue that seems to come up on a regular basis.  It involves employers asking for advice about terminating employees who have violated work rules but also have engaged in legally protected activities, such as taking leave under the FMLA.  Employers are often hesitant to terminate such employees for bad behavior out of fear of being accused of violating the law.  A case out of the Eastern District of Pennsylvania (Arana v. Temple University Health System) from last week provides support to employers that discipline and even terminate employees for violating workrules put in place for safety purposes.   
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