Last week the Eighth Circuit Court of Appeals held in Ayala v. CyberPower Sys. (USA), Inc. that an employee’s compensation agreement did not modify his status as an at-will employee. No. 17-1852, 2018 WL 2703102, at *1 (8th Cir. June 6, 2018). In Ayala, the plaintiff entered into an agreement with defendant CyberPower that

The Minnesota Court of Appeals recently held that the Minnesota Human Rights Act (MHRA) does not require an employer to engage in an interactive process with an employee to determine whether an appropriate reasonable accommodation is necessary.
In McBee v. Team Industries, Inc., the plaintiff, a machine operator, received medical attention for back and

The settlement of a recent case brought by an in-house attorney against his former employer highlights the importance of great care in any public statements about an employee’s termination.
The case involved a public statement made by the employer (specifically statements made to a regulatory group) that, arguably, portrayed the employee’s voluntary departure as being

Constructive discharge occurs when an employer deliberately makes an employee’s work environment so intolerable that resignation is the employee’s only plausible alternative. A recent federal court of appeals decision demonstrates, however, that constructive discharge is usually difficult for an employee to prove.
In Cosby v. Steak N Shake, the employer gave the plaintiff two

No – the Colorado Supreme Court recently held that because medical marijuana remains illegal under federal law, an employee’s off-duty use of prescribed medical marijuana was not protected by the state’s lawful activity statute.
In Coats v. Dish Network, the employer fired an employee who tested positive for marijuana after using medical marijuana during

On February 7, 2014, the EEOC filed suit in the United States District Court for the Northern District of Illinois in Chicago against the large prescription and healthcare related services provider, CVS, contending that its actions concerning severance benefits violate Title VII of the Civil Rights Act of 1964. Specifically, this law provides the