As recently explained in Stansberry v. Air Wisconsin Air Lines Corp., 651 F.3d 482 (6th Cir. 2011), the rarely litigated association discrimination claim under the ADA has developed a split in the circuits between Den Hartog v. Wasatch Acad., 129 F.3d 1076 (10th Cir. 1997), and Larimer v. Int’l Bus. Machs. Corp., 370 F.3d 698 […]

So, you get hurt at work or outside of work, your doctor has said you can return to work but you have certain physical restrictions.  Your employer says, “sorry, but you have to be 100{1508826ff2bfc81a391a87a57612c7318eaacc582c76c53840f0d6a8d7bf64de} healed before you can come back to work.”  WHAT CAN YOU DO? A “100{1508826ff2bfc81a391a87a57612c7318eaacc582c76c53840f0d6a8d7bf64de} healed” policy is a per se […]

Perhaps the most simple claim to prove to a jury in the field of employment termination is a claim for retaliation based on the Worker’s Compensation statute. Section 440.205 states that: No employer shall discharge, threaten to discharge, intimidate, or coerce any employee by reason of such employee’s valid claim for compensation or attempt to […]