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BT Currents - Hot Topics in Employment Law

01 May More on Medical Marijuana – Will Ohio Protect Employers’ Zero-Tolerance Policies?

When I wrote my last post on medical marijuana, I stated that once Ohio’s new medical marijuana law goes into effect in September, employers will still have a right under state and federal law to enforce zero-tolerance policies regarding marijuana use. Since then, people have pointed out to me that employees in other states have found exceptions to these laws that protected marijuana use and have questioned whether such loopholes exist in Ohio’s new law. While no courts have yet ruled on any cases regarding…

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08 Jan Goals for the New Year: Prevent and Better Defend Employment Claims

  As sure as the calendar turns to a new year, there is no doubt that employers will see new employment discrimination charges and employment lawsuits filed.  So now is a good time for a check-up to see if you are well-positioned to minimize the risks of such claims in 2018.  Here are three quick, general pointers:   Clear Expectations. We’ve all seen it, in one form or another – the employee who, when faced with termination, will say: “I didn’t know that could get…

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26 Jan Drill Deeper Than “Fit” as Reason For Termination

  It is common for employers to tell us “he is just not a fit here.” My recent article in another publication discusses how, while it is certainly true that some employees are not a good fit in your organization, it is almost always advisable to break down and articulate the more specific pieces that make up “fit” for liability prevention purposes. Read more here. Bill NolanWilliam A. Nolan serves as the Managing Partner of Barnes & Thornburg LLP’s Ohio office, which he opened in 2009. He is a…

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08 Jul Court Provides Roadmap for Managing ‘Intolerable’ Behavior From Employee with Disabilities

  What is an employer to do when a long-standing employee with a known anxiety disorder engages in a public display of suicidal gestures and disruptive behavior? Don’t act in haste, but if careful consideration of the situation leads to a termination, the decision-making process may withstand scrutiny in court.   That’s the outcome in a recent ruling from the Seventh Circuit Court of Appeals in Felix v. Wisconsin Dept. of Transportation, which provides a thorough and detailed analysis of a challenging situation involving an employee…

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17 Jun Medical Marijuana Users Get Smoked by High Court of Colorado

Becoming the first state to decide the much-anticipated issue, the Colorado Supreme Court unanimously held that a statute barring the termination of workers for engaging in lawful activities outside of work does not prevent employers from firing an employee for failing a drug test, despite having a state license to smoke marijuana for medical purposes. The reason: smoking marijuana is still unlawful under federal law. The case, Coats v. Dish Network, can be found here.   The plaintiff – a quadriplegic customer service representative for…

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