A request for accommodation need not mention any specific words, so long as the request puts the employer on notice that an accommodation is needed. Indeed, if an impairment is obvious, caselaw does not require the person to actually request the accommodation. See Brady v. Wal-Mart Stores, 531 F.3d 127, 135 (2d Cir.2008); McElwee
Not many people realize that to receive unemployment benefits, an applicant must be willing and able to work. That is why a person receiving unemployment must certify each week that s/he is looking for work. And, what if a worker is off on FMLA leave? Could that person receive unemployment benefits? The court in Texas
The Fifth Circuit reversed summary judgment in another case recently. In Caldwell v. KHOU-TV Company, Inc., No. 16-20408 (5th Cir. 3/6/2017), the court addressed ADA and FMLA issues. Gerald Caldwell worked at KHOU TV as a video editor. Due to a childhood disease, he needed the aid of crutches for walking. Mr. Caldwell notified
Lamar Austin spent six months in Iraq in 2006 as an Ammunition Specialist. At the end of 2016, the Army veteran was working for Salerno Protective Services in Concord, New Hampshire. He had worked previously at a series of jobs, Target, Pitco, a New Hampshire based company that makes fryers for fast food businesses. He
The point of summary judgment is to dismiss cases that have no genuine chance of winning in front of a jury, or cases that a jury should not even hear. Summary judgment should result in dismissal of cases that lack any real issue of fact. Why have a trial if there is no genuine issue?
Under the Family Medical Leave Act, a mother or father can take 12 weeks of unpaid leave to care for a sick child. But, the FMLA does not apply to employers with less than 50 workers and it does not apply to part-time workers. The FMLA has limits. It does not apply to many workers.
I try to warn clients all the time that juries are fickle. A party can have the best evidence and still lose. One recent case illustrates that reality. In Alexander v. Servisair, LLC, No. H-12-817 (S.D. Tex. 2013), the plaintiff alleged that she had been terminated for pursuing her rights to sick leave under
Alan Demyanovich worked for 20 years for Cadon Plating & Coating, which applies coatings in the automobile industry. Mr. Demyanovich developed heart problems in 1999, but returned to work and worked another ten years. In 2009, his heart condition worsened. He took substantial time off. In February, 2010, he again asked for FMLA leave. His
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