One of our employees has been out of work on a disability. We’ve accommodated her by letting her take a prolonged leave of absence. During this time, she also has been availing herself of both our Short-Term Disability (STD) and Long-Term Disability (LTD) policies. She’s been out of work for a full year. We’ve periodically conducted internal reviews to see whether we might have any jobs that would be appropriate for the employee on leave, but we just haven’t had any positions that fit both her qualifications and her limitations. Moreover, she has not contacted our company at all during Read More →
[Readers: My colleague, David Trevor, has provided the analysis to Quirky Question # 186, which addresses a recent decision of the NLRB regarding the ban of class or representative actions in an arbitration agreement. For more information about this issue, do not hesitate to contact David at 612.340.8718, or at trevor.david@dorsey.com. Additional data regarding David is available at: http://www.dorsey.com/trevor_david/. I hope you find this information to be helpful. Regards, Roy] Quirky Question # 186: For many years, our company has required all employees to sign a contract agreeing to arbitrate any employment claims, including discrimination claims. Last year we changed our Read More →
Quirky Question # 185: We run a manufacturing company. We are fortunate in that, despite the difficult economy, our products remain in high demand. One of our employees has a couple of related disabilities, the consequence of which is that he only can work a maximum of 8 hours each day. In the past, we have been able to accommodate this limitation. But, given the ever-increasing demand for our products, we have had to convert from 8-hour shifts to 12-hour shifts on all of our production lines. Our employee has asked us to accommodate him further by allowing him to Read More →
January 12, 2012 | Posted by Roy Ginsburg | Topic: General
Readers: The latest winner to my Employment Trivia Game is Mark Tobin of Grand Forks, North Dakota. My Herman Cain inspired questions were: ”What was one of the early movie portrayals of this subject [sexual harassment]? Identify the actresses in the movie and describe their response to the abusive boss. ” As Mark correctly described, the movie I was looking for was “Nine to Five,” starring Lily Tomlin, Dolly Parton, and Jane Fonda. The abusive boss, played by Dabney Coleman, is tied up and held captive by the women. For providing these answers, Mark is the latest winner of one of amazing Read More →
January 8, 2012 | Posted by Roy Ginsburg | Topic: General
Readers: I hope you had a prosperous 2011 and a wonderful holiday season. 2011 is over, and we’re all off to a fresh start in 2012. Before looking ahead, however, I wanted to express my appreciation to all of the clients with whom I had the opportunity to work during the past year. For me, the first half of 2011 was dominated by my representation of Revis Stephenson III, the former Chairman and CEO of Advanced BioEnergy, LLC. Along with my colleagues, David Trevor and Marilyn Clark, we were able to achieve an outstanding result for Revis, following an arbitration Read More →
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