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Last Chance Agreements-Where a Good Deed May Go Unpunished ( November 2003 )
Here is a scenario that may be familiar to you. Your Senior Vice President in charge of sales comes into your office and asks for your assistance with a difficult problem she is having. One of her best salespeople, who has been with the company for almost 20 years and consistently is one of your best rainmakers, has been seriously underperforming the last six months or so. Specifically, he has missed meetings, called in sick more often than usual—in particular on Mondays—and has been irritable and rude to employees and clients. The final straw, however, was at a meeting the previous day in which he was acting so erratically and unprofessionally that the client had to ask him to leave its premises. The employee also was visibly intoxicated. -
Labor and Employment: Seniority Can Trump Disability ( June 2002 )
The Supreme Court has recently taken yet another bite out of the Americans with Disabilities Act, making it easier for employers who consistently apply seniority systems to handle competing claims of ADA accommodation. -
What Can You Lie About On Your Job Application? (And Still Get Paid--For A While) ( March 2002 )
A recent Circuit Court of Appeals case holds that paid union organizers are permitted to lie on their employment applications about their status as "Salts" and about facts that might raise suspicion that they are union organizers. -
Employment Law: Employer's Duty to Accommodate an Employee's Disability ( October 2000 )
Introduction In passing the Americans with Disabilities Act (ADA) in 1990, Congress attempted to level the playing. -
What You Should Know About Disability Discrimination In The Workplace ( October 2000 )
Disabled individuals now have a number of protections in the workplace. Federal law prohibits discrimination in th. -
Terminating Employees Who Claim They Are Disabled ( April 2000 )
This article emphasizes the importance of an employer establishing a paper trail in support of terminating an employee. As the article discusses, many iron clad cases are lost because of the lack of documentation supporting reasons for termination. -
Rules For Avoiding Litigationand Limiting Costs ( June 2000 )
Always remember that the only real winners in an ADA case are the lawyers. Creative solutions are usually more eco. -
Legal and Ethical Obligations of Pacific Employers Toward Potentially Unstable Employees ( May 2000 )
As recent events in Hawaii painfully remind us, workplace stress and violence is increasing.
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