The Employer and Negative Job References

It’s the rare exception where an employee stays with the same employer for his or her entire working life. Even for upper management positions, an employee
typically fills out an employment application in addition to providing a resume. Job applications include sections for employment work history, reasons for leaving past jobs, and a reference section.

What happens if you are a former employer and a prospective new employer calls you regarding the former employee’s job performance? What do you say? What if an employee was terminated for violation of company policy, poor performance, etc.? What can you say? What does the law allow you to say?

 

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The Potential Impact of EEOC v. Ford on Commute-Related Requests

If allowed to stand, the Sixth Circuit’s recent decision in EEOC v. Ford, 752 F.3d 634 (6th Cir. 2014), holding that telecommuting may be a reasonable accommodation under the Americans with disabilities Act (ADA) for an employee with Irritable Bowel Syndrome, may have far-reaching consequences for other types of commuter-elated requests from disabled employees. For instance, disabled employees frequently request shift changes or modified start and end times. Until now, many courts have concluded that these accommodations are not required under the ADA, either because the employer has no duty to assist with commuting problems, or because the ability to show up to work at an employer-designated time is deemed an “essential function” of the job. But Ford casts significant doubt on the continuing validity of these conclusions.

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A Case of Mistaken Identity

The use of independent contractors has become an increasingly common business practice. It affords a business the benefit of workers with specialized expertise, while eliminating administrative burdens typically associated with an employee/employer relationship, such as minimum wage and overtime obligations, payroll taxes, employee benefits, Worker’s Compensation premiums, and the like.

However, misclassifying a bona fide employee as an independent contractor – either intentionally or inadvertently – can result in serious consequences, including enforcement actions and liability for back wages, back taxes, and other fines and penalties.

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Dwyer Passes Kentucky Bar Exam

Ryan Dwyer, an Associate at Rendigs, Fry, Kiely & Dennis, LLP has passed the Kentucky Bar Exam.

Dwyer practices in general civil litigation, with an emphasis on federal court practice and insurance defense.

Prior to joining Rendigs, Ryan served as a law clerk to U.S. District Court Judge David L. Bunning in the Eastern District of Kentucky, and to U.S. District Court Judge William J. Zloch in the Southern District of Florida. He has also served as a State Prosecutor in Indiana, and as an advisor to a national non-profit corporation in Washington, D.C

In addition to Kentucky, Ryan serves clients in Ohio, Indiana, Maryland, United States Court of Appeals, Sixth Circuit and U.S. District Court, Western District of Michigan.