Many people with disabilities have very unpredictable lives. Conditions may flare up, and treatment schedules and side effects of medications or surgeries may make maintaining a regular schedule difficult, if not impossible. Whether such an employee should be able to work irregular hours depends on the facts of the situation. In a recent Tennessee case, […]
If I Am Disabled, Do I Have to Work a Regular Schedule? Read More »
If you are being hired by a company or being given a severance package on your way out, you may be handed a number of forms to review and sign. One of them may be a contract, and part of that contract may include a nondisparagement clause. Its meaning depends on the particular wording, but
What Is a Nondisparagement Clause? Read More »
Generally, employers need not treat pregnant employees’ limitations as if they are disabilities. However, if the employee has developed a disability while pregnant, that disability may need to be accommodated because of the pregnancy. An employer also needs to provide similar accommodations to employees with similar limitations, regardless of whether they are pregnant. If a
Does My Employer Need to Accommodate a Pregnant Employee Like a Disabled Employee? Read More »
Under federal law, Title VII, failing to accommodate a pregnant employee’s restrictions may be illegal, depending on the circumstances. A violation of the law would be especially clear if male or nonpregnant female employees with similar physical limitations are accommodated while pregnant employees are told they cannot get help. This situation recently led to a sex
Does an Employer Have to Help a Pregnant Employee With Her Physical Limitations? Read More »
Virginia is an at-will employment state. Being an at-will employee means that you can be fired for no or any reason (unless the reason is illegal), and you can leave a job for any reason or no reason. But if you have a binding employment contract with your company, there may be language about how
Does My Virginia Employer Need to Give Me Notice Before I’m Fired? Read More »
As the law now stands, an employee could be fired for being too attractive—for being too much of a temptation to an employer or supervisor—as ridiculous as that sounds. A recent New York case where that was the finding is currently being appealed. In Edwards v. Nicolai, the trial court judge dismissed the plaintiff’s sex
Can I Be Fired for Being Too Attractive? Read More »
If you have been diagnosed with a physical or psychiatric condition and you need some help from your employer, you may want that help, but you also may want to protect your privacy. As with the rest of life, there is no free lunch under the law. If you want help, you may need to
Do I Need to Prove My Disability to My Employer? Read More »
The proverbial saying “see no evil, hear no evil, speak no evil” is often represented by three wise monkeys, each covering its eyes, ears, or mouth. Depending on the culture, this maxim can refer to a lack of moral responsibility through deliberate ignorance. The courts have coincidentally used the idea of the three wise monkeys
The Three Wise Monkeys and Workplace Retaliation Read More »
Losing your job to a person who is not pregnant, solely because of your pregnancy, would violate state and federal law. In these situations, employers may try to cover up their motivation by claiming there is not enough work, laying off a pregnant employee, and quietly replacing her. Employers may also fabricate reasons to fire
Can I Be Replaced Because of My Pregnancy? Read More »
If you have been fired or suffered an adverse employment action like a demotion or pay cut because you are pregnant, your employer may have violated federal and state laws. Those laws prohibit employment discrimination on the basis of pregnancy and sex. These laws are meant to discourage employers from acting as if an employee
Can I Be Fired Because I’m Pregnant? Read More »
