Close Menu

Recent Blog Posts

Wheelchair Crossing Street Medallion, Union Square, San Francisco

Employer’s “Honest-Belief” About ADA Plaintiff’s Ability to do the Job Prevails

By Cary Schwimmer |

The Americans with Disabilities Act prohibits employers from discriminating against employees with disabilities who can perform the essential functions of their jobs with or without reasonable accommodation. One of the most difficult decisions for an employer is whether an employee with a disability can perform his or her job duties with or without accommodation…. Read More »

Facebook Twitter LinkedIn
Word cloud for Employment discrimination

The “Honest-Belief” Rule

By Cary Schwimmer |

“Mistakes Happen”, began the opinion of the Sixth Circuit U.S. Court of Appeals, whose jurisdiction includes Tennessee, in Smith v. Towne Properties Asset Management Co., Inc., Case No. 19-3681 (March 4, 2020). “But not every mistake amounts to actionable employment discrimination”. Smith worked for Towne Properties which managed apartment complexes. Smith was a community… Read More »

Facebook Twitter LinkedIn
Bankruptcy with businessman holding a tablet computer

Employment Discrimination Based on Bankruptcy

By Cary Schwimmer |

Can an employer terminate an employee because he or she has filed for bankruptcy, reasoning that the employee is irresponsible? Can an employer refuse to hire an applicant for a finance-related position because they have gone through bankruptcy, concluding it is too risky to have such a person in the job? The answer to… Read More »

Facebook Twitter LinkedIn
people sitting at the business conference rear view

A Court’s Excellent “TIPS” Primer

By Cary Schwimmer |

Lawyers who conduct union avoidance training for management always include “TIPS” — the acronym for the four things an employer can’t do to employees when there is pro-union activity going on in the company: THREATEN, INTERROGATE (including soliciting grievances from employees), PROMISE (including impliedly promising to fix what solicited grievances pertain to), and SURVEIL. … Read More »

Facebook Twitter LinkedIn
Bonding on the golf course

Don’t Golf During Intermittent FMLA Leave

By Cary Schwimmer |

Employee abuse of intermittent FMLA leave is a continual problem for many employers.  When an employee seeks intermittent FMLA leave for their own health condition, the U.S. Department of Labor’s Certification of Health Care Provider form requires the provider to specify the need and schedule for follow-up treatments, and the reason, frequency, and duration… Read More »

Facebook Twitter LinkedIn
Labor union word cloud

6th Circuit – Employer’s Statements Regarding Consequences of Unionization were Lawful

By Cary Schwimmer |

Section 7 of the National Labor Relations Act (“NLRA”) guarantees employees the right to form, join or assist labor unions and to collectively bargain through unions.  NLRA Section 8(a) makes it an unfair labor practice for an employer “to interfere with, restrain, or coerce employees in the exercise of rights guaranteed in” Section 7…. Read More »

Facebook Twitter LinkedIn
Round highway road sign with text stop retaliation

A Reminder about Retaliation

By Cary Schwimmer |

Every anti-discrimination statute contains a provision prohibiting the employer from retaliating against an employee for making an internal complaint of discrimination, filing a discrimination charge with the federal Equal Employment Opportunity Commission (EEOC) or similar state or local agency, or testifying, assisting or otherwise participating in an agency or employer investigation, proceeding, or hearing… Read More »

Facebook Twitter LinkedIn
man in suit showing a figured signed termination document

Sixth Circuit: FMLA Does not Require Retroactive Designation of Absences as FMLA-Covered or Allowing Late Call-Ins or Tardiness

By Cary Schwimmer |

On March 19, 2019, in Njaim v. FCA US LLC, Case No. 18-3831, the Sixth Circuit U.S. Court of Appeals, whose jurisdiction includes Tennessee, rejected an employee’s claim that his termination due to absences and tardies constituted unlawful interference with his right to take FMLA leave and retaliation for his exercise of that right,… Read More »

Facebook Twitter LinkedIn
Businesspeople Whispering About Woman

U.S. Court of Appeals: An Employer Circulating or Acting on False Rumor that Female Employee Slept with Boss to Obtain Promotion Constitutes Sex Discrimination

By Cary Schwimmer |

Parker v. Reema Consulting Services, Inc., Case No. 18-106, decided by the Fourth Circuit U.S. Court of Appeals on February 8, 2019, involved a female Virginia warehouse employee, Parker, who was promoted six times from low-level clerk to ultimately becoming the facility’s assistant operating manager.  Parker’s federal district court lawsuit alleged that about two… Read More »

Facebook Twitter LinkedIn
Independent Contractors Agreement

Sixth Circuit: The Importance of Independent Contractor Agreements for Claiming Independent Contractor Status

By Cary Schwimmer |

Whether someone performing work for a company is an independent contractor rather than an employee has a significant impact on the business. For an employee, the company must withhold income tax, Social Security, and Medicare from wages paid, pay overtime, provide workers’ compensation coverage, and the individual must be covered under the employer’s employee… Read More »

Facebook Twitter LinkedIn

© 2017 - 2020 Law Offices of Cary Schwimmer, Attorney at Law. All rights reserved.
Custom WebShop™ law firm website design by NextClient.com.