Holman Schiavone, LLC

October 2012 Archives

Employee fears belief in right to vote could leave her unemployed

In our prior post, we shared the story of a collegiate employee who, as a deaf African-American woman understands what it is like to be a part of a minority group. Her unique position in life and her hard work earned her the position of chief diversity officer at Gallaudet University, her Alma mater. This has all been placed at risk after the woman decided to honor the right to vote that this country was founded on.

Teens get behind the wheel to test texting and driving skills

Distracted driving killed 3,092 people in 2010 and injured an estimated 416,000 more. Texting and driving has become an epidemic and AT&T is on a national tour to teach students about the dangers of texting and driving. AT&T brings a simulator to high schools across the country to let teens find out how easy it truly is to get in an accident while texting and driving.

Could honoring the right to vote cost one worker her job?

The right to vote is something that our country has valued from the beginning. When even the idea of America was just beginning to form, it was about freedom and democracy. It was about the ability to have the right as a group of citizens to vote not only on those who will run their country, but on the decisions that could significantly alter the way that the country is run.

Missouri city employee claims workplace harassment

Are elected positions the same as typical employee positions in Missouri? The two categorically different types of employment may have the same protections against workplace harassment. The Director of Missouri's park and recreation division has recently brought this issue to the limelight.

Was the Tuscan cruise ship captain wrongfully terminated?

Does an error at work necessarily mean termination in Missouri? Maybe? When an employee makes an error, there is always the possibility of termination, but the termination cannot be based off of something that would qualify it as a wrongful termination. A wrongful termination is a termination that is unlawful because it was based on discrimination or another prohibited labor action. To determine if an employment termination constitutes a wrongful termination, the determination is made based on the specific circumstances of the termination.

Female detectives forced to work where sex toy is office mascot

Mascots help motivate and inspire as a symbol of team spirit. Sports teams are built around a symbol like this. Office workplaces often even have a kind of mascot or symbol for what the team stands for. It is not supposed to be something that denigrates, degrades or causes a hostile work environment for a portion of the workers or even a single individual.

Obesity and the Americans with Disabilities Act: opinions differ

In our prior post, we shared the story of a young woman who lost her job because her employer considered her to be too overweight. This sadly isn't an isolated incident. Over 35.7 percent of American adults are considered to be obese, and many of them suffer false assumptions based on their looks. In fact, the woman in our prior post was told that her weight was an indication that she couldn't "control her own life" despite losing over 100 pounds after a lifetime of being overweight.

Obesity and the Americans with Disabilities Act: counselor fired

For 65-year-old Peggy, life has always been a little different than her peers and her co-workers. There isn't a day she can remember that she was not overweight. No matter what she did, no matter how much went into weight-loss efforts, she had always been one of the 37.5 percent of United States adults that are classified as obese.

Misclassified body shop employees due $19,000 in back pay

When most employees in Kansas work over forty hours per week, the employees are entitled to extra compensation if they are non-exempt employees. The terms of how, why and the amount of compensation an employee may receive for overtime is determined by company standards and prevailing state and federal laws. When an employee does not receive just compensation for overtime, the employee may have a wage and hour claim for what was not paid.

Kansas employer's disability determination causes discrimination

One of the categories of legally recognized employment discrimination is disability discrimination. Disability discrimination occurs when an employer treats employees with recognized disabilities in a disparaging way as compared to other employees. This type of discrimination has been alleged in a recent lawsuit that was filed against a Kansas-based employer.