Category Archives: Termination

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Sixth Circuit decision reminds employers of simple mechanisms for avoiding legal risk.

firefighter agility testingLong-standing and consistently applied policy, coupled with clear and objective documentation of the employer’s financial status form the basis of a decision by the 6th U.S. Circuit Court of Appeals to uphold the dismissal of an employee’s age discrimination claim. Green v. Twp. Of Addison, 6th Cir., No. 14-1607, unpublished (May 27, 2015). Linda Green, … Continue Reading

Taking FMLA leave does not affect employee’s obligations under non-FMLA attendance policies.

Employment termination during an employee’s leave under the Family and Medical Leave Act (FMLA) may constitute “interference” with that leave. However, an employer typically does not violate the FMLA if it terminates an employee for failing to comply with the company’s policies regarding absences, even if those absences occur during a protected FMLA leave. A … Continue Reading

Performance Improvement Plan (PIP) is not an “adverse employment action” for purposes of federal anti-discrimination laws.

In order to support a claim of employment discrimination, an individual typically must show that an “adverse employment action” was taken, and that such action was based upon a protected characteristic. To constitute an adverse employment action for purposes for federal anti-discrimination laws, such action must create a significant change in an employee’s status, and … Continue Reading