Archive for September, 2011
No FMLA Violation Where Walgreens Fired Employee With Honest Belief That He Violated Company Policy
Michael Clark worked for Walgreens as the manager of its retail store in Dyersburg, Tennessee. He took a medical leave of absence from December 8, 2006 to January 2, 2007 for a heart condition. After his leave, Clark returned to the same position he held before his leave of absence. Some time later Clark contacted […]
Employee Is Not Excused From Call In Procedures Just Because Absences Are Covered Under FMLA
CenturyTel of Central Arkansas had a personnel policy which required employees to call in daily when absent. This was contained in an employee handbook which all employees received. Loretta Thompson worked for CenturyTel as a facility assigner in the Programming Department. She acknowledged receiving the handbook which included the following policy: Unless otherwise directed by […]
Employee Of Property Management Company Can Sue Affiliated Mobile Home Park Where He Worked
Edwin Conk applied to work for Friendly Village (FV), a mobile home park in Toms River, N.J. FV is a limited liability company, the managing member of which is PCI Redhen Corporation (PCI). PCI owns 100% of the stock of Advanced Horizons Enterprises, Inc., (AHE). AHE managed FV’s financial affairs andFriendlyVillage. Conk’s employment contract was […]
Company Manager Did Not Violate ADA’s Confidentiality Provisions In Telling Prospective Employer About Former Employee’s Health Condition
Sometimes the cases with the most simple fact patterns make the best ones to understand bright lines in the law. The case of EEOC v. Thrivent Financial for Lutherans, 2011 U.S.Dist. LEXIS 64042 (D. Wisc. 2011) provides some clear guidance on what employers can and cannot say about the health of employees. In this case, […]
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