201412.01
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Your automatic email acknowledgement may be used as evidence against you in a court of law.

Wilson v. Dollar General Corporation, et al., Case No. 4:14-cv-00033 (W.D.Va. November 30, 2014). We wrote about Lamont Wilson’s termination from his job at Dollar General Corporation last year here. In that case, Mr. Wilson was permanently blind in one eye, and began to lose the sight in his other eye. He sought additional leave…

201408.07
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Sovereign Immunity is a Topic Best Left to Attorneys.

Teresa Hall Marsh v. Virginia Department of Transportation, No. 6:14-cv-00006 (W.D. Va. June 16, 2014)(Moon, J.) Plaintiff Teresa Hall Marsh worked for the Virginia Department of Transportation. Ms. Marsh complained of mold in the Lynchburg facility where she worked and complained about the effects of mold on her health. VDOT terminated Ms. Marsh’s employment and…

201402.22
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If your temporary impairment is bad enough, it can be considered a disability.

Summers v. Altarum Institute, Corporation, No. 12-1645 (4th Cir. Jan. 23, 2014). Carl Summers’ job at Altarum Institute required that he travel to Maryland to serve one of Altarum’s clients. The client, the Defense Centers of Excellence for Psychological Health and Traumatic Brain Injury (“DCoE”), preferred that contractors work on site, but allowed them to…

201305.19
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If you get fired because your health goes bad and you have to file for bankruptcy, you can still sue your employer over the firing. (Well, maybe.) But it doesn’t mean you’re going to win.

The ADA performs a number of laudatory functions, not the least of which is to protect disabled individuals from insidious discrimination by requiring employers to reasonably accommodate their disability. The law, however, cannot remedy every misfortune. It can only correct that which it prescribes to correct. Wilson v. Dollar General Corporation, ___ F.3d ___, 2013…