Victory for Employees With Cancer!
Cancer Victim Fired For Disclosing Brain Tumor Has Claim For Disability Discrimination in a U.S. District Court in Texas. The Court in Texas ruled that a Houston P.F.Chang’s restaurant may have violated the Americans with Disability Act when it fired one of its restaurant managers three days after he disclosed that he had a brain tumor.
P.F. Chang actually tried to argue that a managers brain tumor was not a qualifying disability under the ADAAA (Americans with Disabilities Act Amendment Act)!!
Here is the full article;
ADA Cases Make The News : Employee Rights Post
Company Award Over Employee Health and Safety
It appears that some employers may be more concerned about awards than the safety of their employees. The case involving Norfolk Southern Corp. certainly raises that question. A former employee was terminated in 2009 after he reported an on-the-job injury.
The (OSHA) Occupational Safety and Health Administration determined Norfolk Southern was in violation of the employee’s protections under the whistle-blower provisions regarding the Federal Railroad Safety Act.
Norfolk Southern was ordered to pay the former employee $122,199 in compensatory and punitive damages and reasonable attorney’s fees. On May 13, 2009 the former employee was hurt pulling a spike from a rail line. “Fearing loss of employment, the worker did not report the injury until a re-injury occurred in October when, at the suggestion of management, the employee saw a doctor,” according to an OSHA news release. “After returning to work, the employee was suspended and later terminated for allegedly falsifying the injury.”
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Job Interview Assembly Line
Not knowing where you place in the “job interview assembly line” is an important often-overlooked ingredient for job interview success. Several years ago, an interviewer informed me that I was the next to last candidate to be reviewed/interviewed for the position.
I didn’t think much about that. Then the interviewer informed me that the interview process had taken about 2 months because there were a little over 200 interviewees!
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Long Distance FMLA “LEAVE” Affair!
A recent court ruling (Baham v. McLane Foodservice Inc., 5th Cir., 7/1/11) of an unusual case has further defined what “care” means under the Family Medical Leave Act. The new ruling gives your employer greater control to dictate your movements when taking FMLA leave.
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The Claustrophobic Cubicle
One of the latest ADAAA (Americans with Disabilities Act Amendment Act) cases filed involves the settlement of what’s being called the “cubicle case”. A former data technician at the University Medical Center in Nevada was terminated for not being able to perform her job. This case spells bad news for employers that have a culture of not respecting or violating the basic rights of their employees.
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