Magnifying Glass

Court Declines to Put Brakes on FMLA Interference Claim Against Car Dealership 
Court Declines to Put Brakes on FMLA Interference Claim Against Car Dealership 

HR Homeroom Employers can face FMLA interference claims when they flatly refuse to grant leave or outright terminate an employee after he returns from medical leave.  A case involving an employee for a car dealership […]
Could Fired Fashion Buyer sue Five Below for Pregnancy Discrimination?
Could Fired Fashion Buyer sue Five Below for Pregnancy Discrimination?

What Do You Think? Employers can violate state and federal law if they terminate an employee because the employee is pregnant. But the employee will have to show that the pregnancy was the reason for […]
Did Rehash of Termination Petition Require Employer to Pay Claimant’s Legal Fees?
Did Rehash of Termination Petition Require Employer to Pay Claimant’s Legal Fees?

Employers that hope to terminate an individual’s workers’ compensation benefits based on the employee’s voluntary withdrawal from the workforce need to think carefully before taking that step. Filing a petition to stop benefits could end […]
Judge Declines to Permanently Disqualify Claimant Despite Video of His Running Business 
Judge Declines to Permanently Disqualify Claimant Despite Video of His Running Business 

What Went Wrong? Video footage is essential when seeking to terminate workers’ compensation benefits based on a claimant’s misrepresentation of his injuries or ability to work. A case involving an employee who had been collecting […]
Did Attempt to Terminate WC Benefits Require Employer to Pay Worker’s Legal Fees?
Did Attempt to Terminate WC Benefits Require Employer to Pay Worker’s Legal Fees?

What Do You Think? Employers that try to terminate an individual’s workers’ compensation benefits based on their voluntary withdrawal from the workforce need to think carefully before taking that step. Filing a petition to end […]
The Ga. Rycroft Defense – When a Workers’ Compensation Claimant Misrepresents
The Ga. Rycroft Defense – When a Workers’ Compensation Claimant Misrepresents

Do You Know the Rule? The Georgia Supreme Court articulated a three-part test for determining when fraud in the inducement will bar an employee’s claim for benefits. In Georgia Electric Company v. Rycroft, 378 SE2d 111 (Ga. 1989), […]
Was Truck Driver’s Beating Random Road Rage or Compensable Injury?
Was Truck Driver’s Beating Random Road Rage or Compensable Injury?

What Do You Think? A compensable injury must arise out of employment. A case involving a commercial truck driver for a Virginia company addresses the question of whether a road rage incident can be sufficiently […]
Did Comment about Coworker’s Mother Make Ensuing Fight Purely Personal?
Did Comment about Coworker’s Mother Make Ensuing Fight Purely Personal?

What Do You Think? An employer can sometimes avoid a negligence lawsuit by demonstrating that the workers’ compensation act applies to the injury, making those benefits the employee’s sole available remedy.  One case, in addition […]