Employer Law Blog

An employee who complained of a major headache left work and went to a local health care clinic where a physician assistant diagnosed the employee with high blood pressure. The physician assistant provided the employee with a signed note indicating he could return to work in four days.

Employers are often faced with difficult decisions when a poorly performing employee takes FMLA leave. Any action against the employee following the leave may be closely scrutinized and result in a claim for retaliation. A recent 7th Circuit case provides some guidance on what is, and is not, a retaliatory act.

Employee evaluations are not fun. But, they can be important for many reasons. A properly executed evaluation can benefit both the employer and the employee by increasing efficiency and productivity and providing valuable and constructive feedback to the employee. It can also help an employee feel engaged in their work and connected to the organization.

On April 15, 2014, in Templemire v. W & M Welding, Inc., the Missouri Supreme Court continued its pro employee interpretation of the employment at-will doctrine by significantly reducing the causality standard for a workers compensation retaliation claims. Prior to this ruling, Missouri law had long required an employee to prove that the alleged retaliatory motive was the “exclusive factor” for the adverse action, typically a termination.

If the EEOC investigates a claim and determines that discrimination or retaliation has occurred, it is statutorily required to attempt to resolve findings of discrimination through "informal methods of conference, conciliation, and persuasion."