employee terminationConsider the following hypothetical:

Scenario: Amy is a receptionist for Judgment Day Church. The Church fires Amy after it learns that she had an elective abortion. The termination notice states that Amy is being terminated for violating a pledge she signed at the time she was hired stating she would not engage in immoral conduct that is contrary to Church teachings.

Which of the following statements is correct?

A.  Amy may have a claim against the Church for invasion of her Constitutional right to privacy.

B.  Amy may have a claim against the Church for pregnancy discrimination.

C.  Amy does not have a claim against the Church for discrimination because Church employees are exempt from discrimination claims under the Ministerial Exception created by the Free Exercise Clause of the First Amendment.

D.  Amy does not have a claim against the Church because the alleged misconduct occurred outside regular working hours.Continue Reading Employment Law IQ: Can a Church Employee be Fired for Having an Abortion?

man construction worker tired sweating silhouetteContinuing in our series to test your employment law IQ, this week we will focus on FMLA requests often received in HR offices.

Scenario: Henry Fixit worked as a maintenance man for Sleep Inn for almost 20 years. Sleep Inn has 105 employees. As part of Fixit’s regular duties, he was constantly climbing ladders, lifting heavy equipment, and performing other physical labor. Fixit recently suffered a non work-related injury that required surgery. He requested FMLA leave, which Sleep Inn approved. After two months, Fixit gave Sleep Inn’s HR Director a doctor’s note, stating that Fixit was able to return to work, but with certain lifting and bending instructions. When Sleep Inn refused to create a light duty position for Fixit, Fixit sued for FMLA interference.

Which of the following statements is correct?

A.  Sleep Inn interfered with Fixit’s FMLA entitlement when it refused to offer him a light duty position.

B.  Sleep Inn is not liable for FMLA interference, but it would be liable under workers’ compensation laws for its failure to create a light duty position.

C.  Sleep Inn is not required to create a light duty position for Fixit.

D.  None of the above.Continue Reading Employment Law IQ: FMLA Interference – What Would You Do?

10798579815_c28c898769_qIn honor of Veterans Day, let’s test your Employment Law IQ with regard to Active Duty Military Leave.

Scenario:  Linda Longlegs is employed as a dance instructor by Footloose Studios, a small dance company in Southwest Florida. Longlegs, who is in the Army reserve, tells her supervisor she needs six months of leave because she has been called to active duty in Afghanistan.

Which of the following statements is correct?

A.  When Longlegs returns, Footloose does not have to re-employ her because Footloose only has 9 employees.
B.  When Longlegs returns, Footloose does not have to re-employ her because Longlegs only worked for Footloose for two months prior to her request for leave.
C.  Longlegs can use her accrued PTO while she is on leave.
D.  While Longlegs is on leave, Footloose must pay her regular wages and continue to pay her health insurance coverage.Continue Reading Employer’s Responsibility — Active Duty Military Leave