Search Results for: favorite firing

Favorite Firing: When Will a Sympathetic Plaintiff Nevertheless Lose His Case?


Being a judge is often a difficult role. In one recent case, Sepúlveda-Vargas v. Caribbean Restaurants, LLC (1st Cir. April 30, 2018), the First Circuit Court of Appeals clearly struggled with how the strict language of the Americans with Disabilities … Continue reading

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Favorite Firings: Stray Discriminatory Comments by Management Complicate Litigation


In the Wolters Kluwer Legal & Regulatory newsletter for December 4, 2017, there were three cases reported that dealt with comments by management personnel about employees. In each case, when the employee sued, the employer was unable to get past … Continue reading

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Favorite Firing: Failure to Rescind a Resignation


Every once in a while, a difficult employee resigns, and his or her managers breathe a sigh of relief. The employer might have wanted to be rid of this employee, but there weren’t grounds to discharge the individual. But what … Continue reading

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Favorite Firing: Discharge for Dishonesty Is Not FMLA Retaliation


When the Family and Medical Leave Act became law in 1993, it immediately changed the relationship between managers and employees. It became much harder to discipline employees for attendance, if their absences were even arguably covered by the FMLA. But … Continue reading

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Favorite Firing: Do Not Terminate a Disabled Employee Without a Reasonable Accommodation Dialogue


Back in May 2016, Lowe’s, the home improvement store giant, agreed to pay $8.6 million to settle a lawsuit brought by the EEOC over Lowe’s firing of many individuals with disabilities when they exceeded the maximum amount of disability leave … Continue reading

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Favorite Firing: Not All Objections to an Employer’s Practices Are “Protected Activity”


  Today’s favorite firing case comes from California, which labor and employment attorneys know is a pro-plaintiff venue. But in Dinslage v. City and County of San Francisco, et al, the employer won a lawsuit because the plaintiff could not … Continue reading

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Favorite Firing: When a Customer Harasses an Employee


The usual adage in American businesses is “the customer is always right.” And usually that is true. I’ve posted on a few occasions about the need for many organizations to improve their customer service. But it isn’t always true. Sometimes … Continue reading

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Favorite Firing: When a Supervisor’s Actions Make a Termination Difficult to Defend


I am typically suspicious of lawsuits in which a plaintiff employee alleges every possible form of discrimination against his or her employer. It seems unlikely that an employer is motivated by many different forms of bias when deciding on a … Continue reading

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Favorite Firing: Terminated for Lying About Leave


Years ago, I used to discuss employment cases I worked on with my kids at the dinner table. I didn’t use names, but I did describe the circumstances. “Don’t ever lie to your employer. You can get fired for lying,” … Continue reading

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Favorite Firing: Too Soon and Too Late—Two Examples of Potential Retaliation


Retaliation charges now make up the most common type of discrimination charges filed with the Equal Employment Opportunity Commission, and the number of retaliation charges grew at 5% in fiscal year 2015. The situation is no better with complaints filed … Continue reading

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