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Your search for ‘Fisher Broyles’ returned 93 results

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  • Article

    Is Leave With Just An "Expected" Return To Work Date Still Considered An ADA Reasonable Accommodation?

    This situation comes up fairly often. An employee with a disability can't perform their job, and needs leave to recover and return to work.
    United StatesEmployment and HR
    Fisher Broyles
    Fisher Broyles
  • Article

    No Job Description? No Problem. See Why This Employer Had No Duty To Accommodate

    The Americans with Disabilities Act bars employers from firing someone because they have a disability. It also requires employers to provide workplace accommodations to otherwise "qualified" individuals...
    United StatesEmployment and HR
    Fisher Broyles
    Fisher Broyles
Article

PRO-TIP: If You Want To Arbitrate Employment Claims, Have An Arbitration Agreement.

A client embroiled in an employment dispute with a former employee once asked me if we could force the employee into arbitration. So, I asked the client for a copy...
United StatesEmployment and HR
Fisher Broyles
Fisher Broyles
  • Article

    Tighten Up Those Non-Competes!

    I love to litigate employment disputes. And restrictive covenant cases are at or near the top of my list. They are fast-paced, usually well-lawyered on both sides, and lucrative.
    United StatesEmployment and HR
    Fisher Broyles
    Fisher Broyles
  • Article

    Equal Employment Opportunity Too Heavy A Lift For One Employer

    The Equal Employment Opportunity Commission, enforcer of federal anti-discrimination laws, settled a case with one employer that allegedly failed to hire a female applicant, who possessed equal or more experience than male applicants, because the position required the applicant to lift and move heavy objects.
    United StatesEmployment and HR
    Fisher Broyles
    Fisher Broyles
  • Article

    I'm Willing To Bet That, As Of Yesterday, Most Of Your Severance Agreements Are UNLAWFUL

    On February 21, the National Labor Relations Board decided (here) that nondisparagement and confidentiality provisions in a severance agreement that businesses give to employees are unlawful.
    United StatesEmployment and HR
    Fisher Broyles
    Fisher Broyles
  • Article

    Are You In The Clear Waiting Four Weeks To Fire Someone Who Complained About Sexual Harassment?

    I've got some ‘splaining to do before we get into the meat and potatoes.
    United StatesEmployment and HR
    Fisher Broyles
    Fisher Broyles
  • Article

    Hey Handbook! How Much Time Should We Give Employees To Sign A Severance Agreement?

    It depends. If an employee signs a severance agreement, you want them to provide a general release in exchange for whatever consideration the company is providing.
    United StatesEmployment and HR
    Fisher Broyles
    Fisher Broyles
  • Article

    How Does An Employee Go From "Promotable" To "Expandable" To Plaintiff Claiming Gender Bias?

    Litigators often counsel witnesses to answer, "I don't recall," rather than guess or speculate the response to a question at a deposition. But, sometimes, that approach can backfire.
    United StatesEmployment and HR
    Fisher Broyles
    Fisher Broyles
  • Article

    You Can't Be Retaliated Against For NOT Reporting Sexual Harassment. The More You Know

    I didn't even have to go to law school to figure that out. Unfortunately for a plaintiff and her lawyer, they learned this lesson the hard way.
    United StatesEmployment and HR
    Fisher Broyles
    Fisher Broyles
  • Article

    A Federal Appellate Court Using Homer Simpson To Explain Wage And Hour Law?!? Woo Hoo!!

    Fair Labor Standards Act lawsuits aren't exactly fodder for Silver Screen blockbusters.
    United StatesEmployment and HR
    Fisher Broyles
    Fisher Broyles
  • Article

    A Six-year-old Can Create A Hostile Work Environment. Wait, What?!?

    In my many years of practicing employment law, I've seen hostile work environment accusations leveled against owners, supervisors, co-workers, subordinates, customers, vendors, and many others.
    United StatesEmployment and HR
    Fisher Broyles
    Fisher Broyles
  • Article

    President Biden Is Ready To Sign A Bipartisan Bill Ending Certain Sexual Harassment NDAs

    Democrats and Republicans don't often see eye to eye on new employment legislation. Except, it seems, when Gretchen Carlson spearheads the effort to get these new bills passed.
    United StatesEmployment and HR
    Fisher Broyles
    Fisher Broyles
  • Article

    Now, THIS Is A Retaliation Lawsuit Worthy Of Becoming A Bar Exam Question

    Sometimes, when deciding whether to blog about a recent federal court decision, I skip the "Factual Background" section and go right to the "Discussion."
    United StatesEmployment and HR
    Fisher Broyles
    Fisher Broyles
  • Article

    This Guy's Discrimination Claims Were So Bad. (How Bad Were They?)

    They were so bad that a federal judge applied a rarely-used rule of civil procedure to consider summary judgment on its own after identifying for the parties material facts...
    United StatesEmployment and HR
    Fisher Broyles
    Fisher Broyles
  • Article

    Now, Here's How You REALLY Compare Two Employees In A Discrimination Lawsuit

    During Thanksgiving week, I blogged about a Seventh Circuit decision and what makes a plaintiff alleging discrimination "similarly situated" to another employee outside of the plaintiff's protected class...
    United StatesEmployment and HR
    Fisher Broyles
    Fisher Broyles
  • Article

    Take Note: Here's How Strong DOCUMENTATION Torpedoes Discrimination Claims

    Yesterday's parting shot advised employers — not legal advice, mind you — that well-documented termination decisions are much better than "take my word on it, we should just fire him."
    United StatesEmployment and HR
    Fisher Broyles
    Fisher Broyles
  • Article

    When Do Employers Risk FLSA Violations By Raising And Lowering Hourly Wage Rates?

    The Fair Labor Standards Act can present a minefield for even the savviest wage-and-hour gurus. Last night, I read a Pennsylvania federal court decision that helps clarify when employers can...
    United StatesEmployment and HR
    Fisher Broyles
    Fisher Broyles
  • Article

    Does The ADA Force Employers To Allow Employees With Medical Restrictions To Overrule Their Doctors?

    If you're in Human Resources, you've probably dealt with this issue before.
    United StatesEmployment and HR
    Fisher Broyles
    Fisher Broyles
  • Article

    Automated Trade Secret Asset Management: Five Elements

    Trade secrets are some of the most valuable intellectual property assets in the world. Many companies owe substantial growth in their market value to their trade secret assets.
    United StatesIntellectual Property
    Fisher Broyles
    Fisher Broyles
  • Showing 61–80 of 93 results

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