Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

Provide Labor and Employment Advice, Training and Counseling; Litigate in all State and Federal Courts, and proceedings before Administrative Agencies. Represent Employers in Class and Collective Actions, Employment Discrimination Actions (e.g. FEHA, CFRA, Title VII, ADEA, ADA and FMLA), Non Compete, Unfair Competition and Trade Secret Litigation, Wage and Hour Litigation (State and Federal), and Employee Benefits, WARN Act and Occupational Safety and Health (OSHA) matters.

7th Circuit - Termination for Poor Performance Discussed Prior to FMLA Leave Does Not Support Retaliation Claim
Maria Greco Danaher, November 20, 2009
The Family and Medical Leave Act prohibits employers from discriminating against employees who have taken leave under that Act. However, the 7th U.S. Circuit Court of Appeals has affirmed summary judgment in favor of an employer who terminated an individual for excessive absenteeism and...

9th Circuit - Termination of Teacher after Her Complaints on Behalf of Disabled Students Can Support may Constitute ADA Retaliation
Maria Greco Danaher, November 2, 2009
The 9th U.S. Circuit Court of Appeals has held that a teacher's statements on behalf of disabled students were "protected activity" under the ADA, and that the teacher had standing to sue for retaliation under the ADA and Section 504 of the Rehabilitation Act. Barker v. Riverside County...

7th Circuit - Disabled Employees Must Provide Corroborating Evidence of Non-Obvious, Medically Necessary Accommodations
Maria Greco Danaher, October 28, 2009
Under the Americans with Disabilities Act, employers and employees are required to engage in an interactive process with respect to a disabled employee's request for a reasonable accommodation. In cases of psychological disability - depression, for example - necessary accommodations may be...

Return to the Ogletree, Deakins, Nash, Smoak & Stewart, P.C. Firm Overview