When an employee is prevented from meeting a performance objective due to his FMLA leave, the employer is required to adjust the performance requirement to take into account the employee’s FMLA-covered absences. See, e.g., Martin v. Brevard County Public Schools, 543 F.3d 1261, 1267-68 (11th Cir. 2008) (reversing summary judgment to employer where plaintiff was […]
Archives for February 2017
When is a contract a contract?
Employment contract allows Employee to resign at any time without cause by providing at least 120 days notice. The Employer can then require the Employee to continue working for the 120 days or, in the alternative, terminate employment immediately and pay the employee out for the remainder of the notice period. Employee is ready to […]
Mediation… Most of the time a good thing.
Currently about 80 to 90{1508826ff2bfc81a391a87a57612c7318eaacc582c76c53840f0d6a8d7bf64de} of all cases which are sent to court ordered mediation settle and so therefore this is a good tool for courts to use to manage the court schedules and also to assist litigants in reaching a resolution which has finality and certainty and much less risk and investments of time, […]