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Reasonable Accommodations at Work

Workplace REASONABLE ACCOMMODATIONS The Americans with Disabilities Act (“ADA”) is a federal law that requires most employers to provide reasonable accommodations to applicants and employees with disabilities.  Similarly, the Rehabilitation Act requires accommodations for disabled employees of federal government agencies, federal contractors and subcontractors, and employers receiving federal financial assistance. This article will focus on […]

Layoffs / Reductions In Force

Layoffs / REDUCTIONS IN FORCE (“RIF”) Companies utilize layoffs / reductions in force (“RIF”) for a variety of reasons.  Often times a business has to lay off employees due to economic issues.  Other times, companies eliminate multiple positions that are redundant.  Unfortunately, some employers use layoffs to hide unlawful motives for getting rid of certain […]

Unlawful Withdrawal of A Job Offer

Mary, a temporary employee at a manufacturing facility, was unlawfully denied a permanent job offer due to an elevated blood pressure reading taken during a fitness-for-duty exam. Despite being cleared for work by a doctor, her offer was rescinded by the company’s Head of Human Resources. After Mary’s case was initially dismissed by the Equal Employment Opportunity Commission (EEOC), it was reopened thanks to an attorney who pointed out a specific violation of the Americans With Disabilities Act (ADA). Eventually, Mary received a settlement that was more than two years of her usual earnings.

“You’re Fired!” Now What?

“YOU’RE FIRED!” Now WHat? Nobody wants to hear the words “you’re fired,” “we’re letting you go,” or “your position is being eliminated.”  So, what can you do once you’ve received those not-so-magic words, and the termination makes no sense?  Or maybe you feel like something unlawful is behind the termination?  Here are some things an […]

Unemployment FAQ’s

Unemployment FAQ’s In the U.S., each state has its own system for paying unemployment benefits to qualified individuals who are out of work.  While each state’s process can vary, there will be many similarities. Here are some common Unemployment FAQ’s (frequently asked questions) based on the policies and practices of the GA Department of Labor. […]

Do I have to go back to the office?

MAKing Employees RETURN to the office Since COVID-19, remote work is the “new normal.” People who previously could not imagine functioning outside of an office setting now embrace the benefits of working from home.  They also fear losing their “work-life balance” that includes more sleep, no commute, and saving money on fuel and meals.  But recently many employers are requiring […]

Age Discrimination at Work

Age discrimination AT WORK The Age Discrimination in Employment Act (“ADEA”) prohibits covered employers from discriminating against employees who over 40 years old in any of the terms and conditions of their employment. Here are some examples that suggest age discrimination at work: Company fired an executive in his 60’s, then replaced him with someone in their […]

Unlawful Workplace Retaliation

What is unlawful retaliation? Claims for unlawful retaliation must be specifically allowed under a particular law.  For example, the following laws prohibit retaliation against a person for exercising their legal rights:  The Age Discrimination in Employment Act (“ADEA”) Title VII of the Civil Rights Act of 1964, as amended in 1991 The Family and Medical […]

Employer Mistakes That Lead to Lawsuits

“TOP 10” Employer Mistakes Here are some common employer mistakes that can lead to lawsuits, EEOC Charges and other employee relations issues (in no particular order): Employer Mistake #1 – Not Following the Employee Handbook  Employee handbooks are not legally mandated.  However, a good employee handbook sets the tone for a workplace.  It should set forth company policies and other […]