What happens when an employer makes some sort of effort to show the world how enlightened it is when it encourages employees to come forward with any problems or concerns they may have, first in a written survey, then through an open forum question and answer but when all employees speak out they find themselves […]
FMLA/WB retaliation against Salesperson
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 […]
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 […]
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