October 2011

The Family Medical Leave Act provides that an employee can take time off from work to care for a family member.  But, "caring" for a family member means the employee must be in close and continuing proximity to the family member.  So, the Fifth Circuit denied an appeal by a father who argued that frequent…

Sometimes, a creative employer will defend an apparently racist decision by claiming they did not discriminate against all minorities.   We see an attempt at such a defense in Diaz, Et Al v. Kraft Foods Global, Inc., No. 10-3073 (9th Cir. 8/8/11).  Two employees alleged they were victims of anti-Hispanic discrimination when they were passed…

LCPL Benjamin Whetstone Schmidt was killed in Afghanistan.  he apparently suffered a gunshot wound.  LCPL Schmidt was a sniper for the Marines.  He was the son of Dr. David Schmidt, team physician for the San Antonio Spurs.  He was also the son of Becky Whetstone, former advice columnist for the San Antonio Express News.  Ms. Whetstone…

All too often, someone who filed an EEOC charge comes to see me with their right-to-sue letter in hand seeking representation for a lawsuit.  Unable to accept their case, i discus the alternatives.  I review the deadline with the potential client: 90 days for federal court and 2 years for state court.  Looking more closely…

Many employers have implemented so-called no-fault attendance policies in which employees are charged with a day of leave regardless of the reason for the leave.  Once, the employee accumulates enough absent days, s/he will be fired.  Such leave policies, however, conflict, with the Americans with Disabilities Act.  Under the ADA, when an employee requests an…

 An Air Foce Reservist is one step closer to receiving his award of $926,506 in lost pay and benefits.  The 2d Circuit Court of Appeals upheld a lower court ruling that Michael Serricchio suffered discrimination when his employer changed his sales plan after he returned from active duty.  Wachovia paid Mr. Serricchio commissions as a…

 Insurgents have killed a San Antonio soldier, 1LT Andres Zermeno, in Afghanistan.  See Defense Department news release.  1LT Zemeno died from wounds suffered in an RPG attack. 1LT Zermeno graduated from St. Mary’s University where he met his wife.  He served in the ROTC program and studied psychology.  See KSAT news report.