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Ninth Circuit Upholds Reasonable Employee Attendance Policy as Basis for Termination
Written by: Bruce D. Voss
April 15, 2012
Showing up for work on a regular, predictable basis is important, the Ninth Circuit has ruled in a significant disability case. In Samper v. Providence St. Vincent, a neo-natal intensive care unit nurse tried to opt out of her employer’s attendance policy, which permitted five unplanned abs...



Employer Has No Handbook Liability to Treat Employee Fairly
Written by: Bruce D. Voss
February 19, 2012
A company handbook or manual promising that an employer will treat employees “fairly” does not by itself create an enforceable contract to support a wrongful termination claim, a Hawaii federal judge has ruled. The former employee in Clemmons v. HMSA claimed that his employer had dist...



Mental Stress From Threatened Disciplinary Action Found Non-Compensable
Written by: Bruce D. Voss
January 09, 2012
An employee’s claimed mental stress from threatened disciplinary action was not compensable under Hawaii’s workers compensation laws, the Hawaii Intermediate Court of Appeals has ruled. In Kahawaiolaa v. United Airlines, Inc., the employee (a flight attendant) claimed he was injured...



Employer need not provide accommodations to make individual qualified under ADA
Written by: Bruce D. Voss
December 12, 2011
An employer is not required to make accommodations to help an employee become “qualified” to perform essential job functions under the Americans with Disabilities Act, the Ninth Circuit has ruled. To prevail on a disability discrimination claim, an individual must first show he or she...



Whistleblower protection expanded for public employees
Written by: Bruce D. Voss
July 30, 2011
With the backing of public worker unions, the 2011 Hawaii State Legislature gave additional protections to public employees who report actual or suspected violations of public contracts.The Legislature amended HRS Chapter 378 to make clear that a public employer shall not discharge, threaten, or dis...




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