Alcoholism Still “Current” After 1 Week

By Bryan Stillwagon A commercial truck driver’s week-old release from alcoholism treatment meant he had a “current” diagnosis of alcoholism. Jarvela v. Crete Carrier Corp., No. 13-11601 (11th Cir. Jan. 28, 2015). The employer required its drivers to pass DOT standards, including that they have “no current clinical diagnosis of alcoholism.” This driver took FMLA […]

Facebooker–Good Citizen or Fired?

By Doug Towns and Lori Wright Keffer Can an employee’s Facebook post be grounds for termination? The Fifth Circuit says, “Yes.” Graziosi v. City of Greenville Mississippi, No. 13-60900 (5th Cir. January 9, 2015).  A police officer posted on her Facebook page and on the Mayor’s Facebook page criticizing the Police Chief for not sending […]

No Names Please

By Bill Wright When you file SEC reports, do you report litigation risks? Do you name employees involved?  An employer is headed to trial over whether it retaliated against a former employee by stating her name in SEC filings as the Charging Party responsible for a large EEOC investigation and conciliation.  The employer didn’t use […]

NLRB Election Rule Under Fire

By Patrick Scully On January 5, 2015, the U.S. Chamber of Commerce, the Coalition for a Democratic Workplace (CDW), the National Association of Manufacturers, the National Retail Federation, and the Society for Human Resource Management jointly filed a federal lawsuit to strike down the National Labor Relations Board’s re-issued “ambush” Election Rule. (NLRB Modernizes Procedures) […]