26 Jan, 2018

Guarding Against Disability Discrimination Suits Arising from Employment

2018-04-23T20:51:39-05:00January 26th, 2018|Discrimination, Employment, Nebraska Litigation & Trial Advisor|

In hopes of leveling the playing field for individuals with disabilities seeking employment, the Americans with Disabilities Act (ADA) prohibits disability discrimination by employers with 15 or more employees with respect to terms, conditions, and privileges of employment. While the objective of this Act is admirable, employers are often apprehensive about interviewing and employing individuals who suffer from a “disability” (meaning a physical or mental impairment that substantially limits one or [...]

23 Oct, 2012

The NLRB Continues to Amaze

2012-10-23T08:00:02-05:00October 23rd, 2012|NLRB|

For those of you dealing with unions, you may be interested in reading a recent NLRB decision in which it held that an employer could not discipline or terminate employees who make vulgar, offensive, or threatening statements. In this case, an employee scribbled vulgar and threatening statements on several union newsletters that were left in the employee break room. A number of female employees complained about the statements and the [...]

5 Sep, 2011

How Are You Documenting Employee Terminations

2011-09-05T08:24:20-05:00September 5th, 2011|Employee, Firing employee, Retaliation, Termination|

Much as documentation is important in construction projects, it is equally important in employee terminations. When you are considering terminating an employee, you should make sure you have all of your supporting documentation before the actual termination, instead of cobbling together the documentation several months afterwards. As many of you have experienced, an employee disappointed with his or her termination, does not have to sue immediately. The ex-employee often times [...]

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