Settlement Agreement: Dentex Dental Mobile, Inc.
Company's shady-looking 'RIF' leads to $145K payout
Hr Morning
Firing a disabled employee while he’s out on medical leave is usually a recipe for disaster. But it can be done in limited circumstances. However, the potentially discriminatory nature of this firing was a little too obvious for the EEOC to overlook.
Meet Doug Johnson. He drove a van and took nursing home patients to medical appointments for his employer Paloma Blanca Health Care Associates, a health and rehabilitation center in Albuquerque, NM.
Almost three years into his tenure, Johnson suffered a heart attack and was diagnosed with a number of other cardiovascular conditions.
He then requested a reasonable accommodation under the ADA in the form of a request for FMLA leave.
Paloma Blanca approved him for 12 weeks of FMLA leave.
So far so good, right?
Fired as part of an ‘RIF’
Five weeks into his medical leave things took a sharp turn.
Johnson was terminated.
Settlement Reminds Employers Probationary Periods Are Not Immune to the ADA
JD Supra
Many employers reserve the right to terminate a new employee at any time during a "probationary period" if they find a new hire is not suited for the job. All too often, this gives employers a false sense of security in the belief they can terminate an employee for any reason during that period. However, a pipe-fitting manufacturer recently discovered this can be a costly mistake after it agreed to a $65,000 settlement with the Equal Employment Opportunity Commission (EEOC).
Employee with Asperger's: Discrimination, wrongful discharge claims to go trial
HR.BLR.com
Soon after an employee provided his employer with information about his Asperger's syndrome, it informed him that his contract wouldn't be renewed because "Your Asperger's got in the way of your ability to interact with your boss, and we are tired of it."
Student who suffered allergic reaction to egg sues Abington Heights
Scranton Times-Tribune
An Abington Heights student who is allergic to eggs filed a lawsuit against the district, alleging she suffered a reaction after she was splashed by an egg that a physics teacher crushed during class.
Lawyer for disabled woman in ADA lawsuit against Yellow Cab of Reno speaks out
KRNV My News 4
The lawyer for the disabled woman that sued Yellow Cab of Reno after the company violated the Americans with Disabilities Act two years ago said the company would have owed nothing if they just agreed to do the right thing and stop appealing and fighting.
Last week a federal judge ruled Yellow Cab discriminated against Melodie Doud who is disabled by twice refusing to give her and her husband rides from the airport in 2013. Doud uses a motorized scooter.
Veteran sues Schlumberger for refusing service dog
Houston Chronicle
Wanting his service dog, Goldie, by his side at work to help him cope with his post-traumatic stress disorder, decorated Iraq War veteran Juan Alonzo-Miranda asked for the accommodation from his now-former employer - a subsidiary of Houston oil-field services giant Schlumberger Ltd.
It took Schlumberger Technology Corp. more than six months to grant part of Alonzo-Miranda's request, leading the two sides to square off Monday in a San Antonio courtroom over whether the company failed to follow federal law dealing with such requests.
Understanding Disability: Dealing with low back pain
Santa Fe New Mexican
How do the disabled reach their destination? It's called SHOWBUS
Kankakee Daily Journal