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Temp to perm — ADA case turns on severity of employee’s injury
November / December 2012
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 1128
Abstract: After injuring her knee, a drugstore employee accepted an offer to return as a store manager — but with the understanding that she had some physical limitations. When her doctor decided that they were permanent, she was fired because she could "no longer perform the essential functions" of her job. She sued, alleging discrimination in violation of the Americans with Disabilities Act (ADA). The First Circuit examined whether these functions were indeed essential, and, if so, whether she could perform them with or without a reasonable accommodation. The Court decided against her, but a sidebar to this article discusses a case with a different outcome. Citation: Jones v. Walgreen Co., No. 11-1917, May 10, 2012 (1st Cir.); Valle-Arce v. Puerto Rico Ports Authority, No. 10-1102, July 8, 2011 (1st Cir.)
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SOX and suits – Whistleblower provisions at issue in retaliatory termination case
January / February 2010
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 1128
Abstract: Shortly after a husband and wife, both lawyers for the same firm, pointed out that information about a competitor’s patent had not been revealed in the company’s recent merger — thereby possibly causing the company to be overvalued — they found themselves out of a job. They filed a lawsuit claiming retaliatory termination and citing the whistleblower provisions of the Sarbanes-Oxley Act (SOX). This article discusses the four-prong test that they successfully met to make their case. A sidebar discusses a different case that showed how employers can raise valid defenses to SOX whistleblower retaliation claims.