Author: SHRM

Constructive discharge is a high bar. But an ultimatum, delivered the wrong way and on the wrong timeline, can be enough to clear it. That was the lesson from a recent federal court decision involving a pregnant employee who was told she could either keep working under at-will conditions or

When employees say, “You helped him when he was injured but refused to help me,” it sounds like discrimination. It also sounds like a failure-to-accommodate dispute. A recent Ninth Circuit decision shows why that framing matters, and why getting it wrong can sink the case before it ever reaches a

Stop me if you’ve heard this before: it’s the Monday after the Super Bowl, an employee with approved intermittent FMLA leave asks for a personal day, gets denied, switches to FMLA, and later finds himself terminated for “abuse.” That is not a hypothetical. It is essentially what happened in a