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Tag Archives: Employer – Employee

Employer-Employee: Employment Agreements-Forum Selection Clause-Single Transaction

Defendant signed an employment agreement upon his hiring by plaintiff. After defendant left his employment, plaintiff sued, alleging defendant left during a binding guarantee period and failed to repay plaintiff pursuant to the parties’ repayment agreement. Defendant removed the case ...

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Employer-Employee: Disability Discrimination-Qualified to Perform Essential Function of Job-ADA Qualified Individual

Plaintiff appealed the district court’s grant of summary judgment to defendant, plaintiff’s employer, dismissing plaintiff’s employment-discrimination action under the Americans with Disabilities Act. Where plaintiff failed to show she was qualified to perform the essential functions of her job, with ...

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Employer-Employee: Disability Benefits-Total vs. Partial Disability-Termination of Benefits

Plaintiff worked for defendant until he underwent gallbladder-removal surgery for cancer and was approved for total disability benefits. After plaintiff underwent an IME, defendant concluded that plaintiff was partially disabled and terminated his benefits when partial disability ran out. The ...

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Employer-Employee: Disability Discrimination-Attendance Policy-Failure to Submit Medical Verification

Plaintiff was diagnosed with an incurable lung disease that required periodic absences to attend medical appointments and deal with condition flare-ups. After plaintiff accumulated multiple unexcused absences, she was placed on “last notice”. After plaintiff called out during a flare-up, ...

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Employer-Employee: Age and Race Discrimination-Promissory Estoppel-Striking of Statement of Material Disputed Facts

Plaintiff, a 56-year-old African American male, was injured while performing deliveries for defendant. Plaintiff returned to work on an hours-restriction but was laid off as part of operational cutbacks. Plaintiff alleged he was promised that his job would be available ...

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