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Attorneys at Law

 

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August 8, 2018

Whether and to what extent an employee (or prospective employee) may be entitled to a reasonable accommodation under the Americans with Disability Act (“ADA”) and Family and Medical Leave Act (“FMLA”) are daunting questions for employers. The decision-making process is filled with potential landmines that may only be apparent in hindsight – when it is too late for meaningful damage control. For this reason, employers must learn, wherever possible, from the experiences – good or bad – of others.

A new Eleventh Circuit Court of Appeals opinion is a cautionary tale for both employers and employees regarding requests for leave under the FMLA and requests for reasonable accommodation under the ADA.  Such requests frequently present employers with challenges that require special consideration in making decisions which will insulate employers from potential liability.  The takeaway from the Eleventh Circuit’s recent opinion is that not every manager is well-equipped to evaluate when a leave or...

September 15, 2017

White v. Mederi Caretenders Visiting Services of Southeast Florida, LLC, SC16-28, SC16-400

Home health referral sources can be a protected legitimate business interest under Fla. Stat. 542.335. In these two cases consolidated for review before the Supreme Court, both Employees were former employees of licensed home health care companies. Both Employees engaged in conduct in violation of their non-compete compliment contracts by working for direct competitors of their prior employers within the non-compete territories during the relevant periods. Because a contract providing restrictions on competition must involve a legitimate business interest as defined by statute to be enforceable, at issue was whether home health service referral sources can be a protected legitimate business interest under section 542.335 sufficient to support a restriction on competition in a contract. The Supreme Court held that home health service referrals may be a protected legitimate business interest dependi...

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September 26, 2017

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