Rob Wiley, P.C.
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- An employer’s proffer of its own policy is not competent in itself as evidence the policy was followed.
5 December 2016 - When pleading knowledge, it is enough to plead simply that the bad actor knew and this this precipitated the bad acts.
5 December 2016 - A plaintiff’s own assertions about his official job duties can plausibly establish that his actions were outside the course and scope of his job duties.
5 December 2016 - Parties’ conduct can show whether or not a reasonable accommodation offer was ever made.
5 December 2016 - An application for benefits under a disability policy stating that the claimant is “totally disabled” does not preclude them from claiming they could perform their job with reasonable accommodation if they never represented otherwise on their application and the definition of “disability” in the policy is not incompatible with that fact.
5 December 2016 - A written job description put forth by the employer is not dispositive of job duties at summary judgment in the face of testimony that the job duties were not actually required.
5 December 2016 - A claimant’s own testimony about job duties may be self-serving, but that does not disqualify it as competent summary judgment.
5 December 2016 - An employee’s testimony that she could not remember ever performing a particular job duty, alongside other testimony that it was “virtually never required,” creates a genuine issue of material fact as to whether it was an essential function of the job.
5 December 2016 - An employee being seven months into her pregnancy, coupled with her supervisor’s awareness of her pregnancy and consequent FMLA leave request, is enough to raise a genuine dispute of material fact whether she was terminated because of the leave request.
29 September 2016
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