Question:  I can only sleep two to four hours a night.  A doctor says I can work only eight hours a day as a result of this.  My employer says they’ll fire me if I don’t agree to work against doctor’s orders.  Can they do this? Answer:  One’s failure to sleep well can be a disability, and one who suffers insomnia may be protected from employment termination under the Americans with Disabilities Act (“ADA”).  The

When a Registered Nurse’s supervisor called her a “drunk” and fired her, despite being aware of the nurse’s previous drug and alcohol addiction, the nurse brought a discriminatory discharge claim against the hospital pursuant to the Americans with Disabilities Act, as amended by the ADA Amendments Act of 2008 (the “Act”).  The Act prohibits an employer from discriminating against a qualified individual on the basis of that person’s disability.  The Act defines a “disability” not

Conventional wisdom says no, but recent legal decisions suggest that it may be possible if the settlement is in good faith.  (These decisions have analyzed the terms of the Fair Labor Standards Act (FLSA or Act) that prevent an employee from waiving rights under the Act.)  Traditionally, courts have held that, even if employer and employee want to settle an overtime claim for an agreed amount, the parties must still obtain approval of the settlement

When two consulting firms believed that documents containing confidential  information were improperly within a high-level consultant’s possession, they authorized the destruction of the documents and terminated the consultant.  The consultant sued the companies in Maryland Federal Court for terminating him without cause in breach of the parties’ contract.  He also moved for sanctions against the companies, arguing that the companies had wrongfully destroyed evidence when litigation was reasonably foreseeable.  The Court agreed to sanction the

Question:  I was charged with DUI and Refusal.  Is Virginia’s Refusal law constitutional?  I never affirmatively agreed to a breath test — Virginia just “implied” my consent and now I’m being punished for revoking a consent I never actually made.  Since when can one impliedly waive a constitutional right? Answer:  The United State Supreme Court recently held that it is unconstitutional for demand a blood sample from one arrested of DUI (drunk driving) without a