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Did Wendy’s Manager Cook up Way to Bypass Exclusivity Rules?
Did Wendy’s Manager Cook up Way to Bypass Exclusivity Rules?

What Do You Think? Can an employee who suffers mental health injury at work sue his employer for monetary damages, or is his only relief the state workers’ compensation act? A Pennsylvania case addressed whether […]
Can Fired Hostess Sue Over Restaurant’s Failure to Unilaterally Start Interactive Process?
Can Fired Hostess Sue Over Restaurant’s Failure to Unilaterally Start Interactive Process?

What Do You Think? Employers must engage in the interactive process concerning an employee’s need for an accommodation under the ADA. But what if an employee clearly has a disability but doesn’t identify the accommodation […]
Was Good Samaritan Band Leader Performing Job Duties on Way to Conference?
Was Good Samaritan Band Leader Performing Job Duties on Way to Conference?

What Do You Think? An employee must be performing employment services at the time of injury to have a compensable claim in Arkansas. Is an employee driving to a work conference performing such services? What […]
Was University Diversity Investigator ‘Operating on Fumes’ FMLA-Eligible?
Was University Diversity Investigator ‘Operating on Fumes’ FMLA-Eligible?

What Do You Think? It’s probably not much fun investigating sexual harassment at a university, or anywhere else, for that matter. The stress might even trigger mental health challenges -- as it apparently did in […]
Was Injured Highway Worker a ‘Borrowed Employee?’
Was Injured Highway Worker a ‘Borrowed Employee?’

What Do You Think? In Illinois, if a “borrowed employee” injures a worker, the borrowing employer's workers' compensation coverage likely applies. If that's the case, then the injured worker can't sue the employee's general (original) […]
Was Firing Employee whose Husband was Terminal FMLA Retaliation?
Was Firing Employee whose Husband was Terminal FMLA Retaliation?

What Do You Think? The FMLA allows an eligible employee to take leave to care for a spouse or other family member. Employees that interfere with that right risk retaliation lawsuits. A case involving a […]
Could Injured Construction Worker Hammer Gen Contractor with Negligence Lawsuit?
Could Injured Construction Worker Hammer Gen Contractor with Negligence Lawsuit?

What Do You Think? In New York, when there a subcontractor has workers’ compensation coverage, the injured employee may still be able to sue the general contractor for negligence. But this is generally not the […]
Was Performing Arts Center Worker’s Cane Just a Prop?
Was Performing Arts Center Worker’s Cane Just a Prop?

Claimants may sometimes exaggerate their injuries during medical examinations. But as one case shows, surveillance videos–especially multiple videos taken prior to and after exams–rarely lie. A maintenance worker for a performing arts center hurt himself […]