Magazine article HRMagazine

Legal Briefs

Magazine article HRMagazine

Legal Briefs

Article excerpt

CHANGING REASON FOR FIRING SUPPORTS BIAS CLAIM

An employee's disability discrimination claim should not have been dismissed before trial when the employer's reason for the firing changed, the 5th U.S. Circuit Court of Appeals ruled. The employer initially claimed that the worker was terminated for damaging company property and failing to comply with its policies but later stated that the discharge was based on poor job performance. However, the termination decision was made in late June while the documentation of the employee's poor performance wasn't created until July, showing that the reason given for the firing was a pretense.

HOME HEALTH CARE WORKER WAGE RULE REINSTATED

The U.S. Court of Appeals for the D.C. Circuit reinstated the U.S. Department of Labor's regulations extending the federal minimum wage and overtime requirements for home health care workers employed by third parties. …

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