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When an employee reports employment discrimination or disability discrimination, retaliation is often the fear lurking in the background. If the employer later fires that worker, many assume the employee was wrongfully fired. But under employment law, suspicious...
The Family and Medical Leave Act (“FMLA“) medical leave protects your job. Americans with Disabilities Act (“ADA”) protects your right to reasonable accommodation. But if you cannot perform the central function of your position when leave ends, can your...
Employee rights, employer pressure, and Family and Medical Leave Act (“FMLA”) medical leave do not rise up in moments of calm. They hit during the messy parts of life: when a sick child needs surgery, when a parent suddenly requires care, when an employee is stretched...
When an employee needs to take leave under the Family and Medical Leave Act (“FMLA”), the fear of whether an employer will punish that choice is very real. In Patricia Haran v. Orange Business Services, Inc., 2025 WL 3275122, the United States Court of Appeals for the...
When an employee must choose between their job and caring for a loved one with a serious health condition, the Family and Medical Leave Act (“FMLA”) was designed to make sure they do not have to. Under employment law, there are two types of claims under the FMLA:...
Getting caught lying to your employer is never a good idea. It is the workplace version of lighting a match in a fireworks factory—you are not going to like the outcome. Whether it is calling off sick to go to a ballgame (and then showing up on TV), posting beach...
When you take medical leave under the Family and Medical Leave Act (“FMLA”), you expect your job to be waiting for you when you return. But what happens if your employer says the position is no longer available? Do you have the right to be reinstated, or can they...
Can Your Employer Fire You If A Medical Emergency Keeps You From Calling Off Work? The short answer: not if the Family and Medical Leave Act (“FMLA”) applies and you're too incapacitated to give notice. There are emergency medical circumstances that prevent employees...
Can I Be Fired Even If I Did Some Things Right? Yes, your employer can legally fire you for performance issues—even if you had some successes along the way. That is exactly what happened in Uttarwar v. Lazard Asset Management LLC, 2025 WL 704278 (2d Cir. 2025), where...
Timing can make or break your rights under the Family and Medical Leave Act (“FMLA“). Imagine this: you’re juggling health issues, work stress, and the pressure to leave a toxic job, and then you file for FMLA—after you’ve resigned. Unfortunately, that’s not enough to...