April 18, 2022

It Pays to Listen to Your Employees

       

A Kentucky jury’s recent finding underscores how important it is to listen to employee’s needs, after office workers threw a birthday party for an employee who had asked them to skip the celebration. A lab technician working for Covington-based Gravity Diagnostics asked his manager not to throw the party because of his social anxiety.  While the manager was absent, fellow workers went ahead with the plans, which proved disastrous.

Days after the party, the employee was confronted for his “somber behavior” by supervisors and three days later was fired via email because he had displayed violent behavior, allegedly, during a panic attack brought on by the confrontation. 

The technician brought a suit against the company and a jury awarded him $450,000 in lost wages and mental damages. The company plans to challenge the ruling on several legal grounds, but regardless of outcome, this is an important reminder to listen to the wishes of employees, especially when employees are sharing the mental health bases for their requests. Such open-minded attitudes and awareness of the consequences of disability discrimination usually lead to less strife and more equity in the long-run.

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The Week in FFCRA Complaints: Yet More Wrongful Terminations and Retaliation

August 10, 2020
Leave
Disability Discrimination
As we noted last week, employers seem not to have gotten the message on paid leave under FFCRA and the two notable cases that came up this week both involve employer retaliation and wrongful termination against employees who were protected under FFCRA.

The Berke-Weiss Law Weekly Roundup: Black Pregnancy in New York City and School Reopening Reversals

August 10, 2020
Race Discrimination
Pregnancy Discrimination
We’re now a week into the expiration of the enhanced unemployment benefits of the CARES Act and the news is not good. Congress and the White House remain at least a trillion of dollars apart on a new deal, with the Senate GOP split, though their prized bit of the CARES Act, the corporate bailout, did not have an expiration date, unlike those parts aimed at protecting workers, such as the PUA and eviction moratoriums. Thus, with depressing predictability, there were a spate of alarming stories this week echoing the fears that tenant unions and activists have been voicing for months: by ending employment relief we are hurtling toward a cliff, over which lies massive, nationwide evictions.

The Week in FFCRA Complaints: Employers Do Not Seem to Understand Mandated Worker Protections

July 31, 2020
Leave
Disability Discrimination
t is starting to seem, from our perspective, that either employers have not been made sufficiently aware of the leave entitled to workers under the FFCRA or that they are willing to risk a lawsuit for wrongful termination.

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