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Health Care & Hospital Law

Jun. 11, 2010

Mis-firing for Misconduct

Employers have few satisfactory options for addressing potentially violent misconduct arising from an employee's disability, says D. Gregory Valenza of Shaw Valenza.

By D. Gregory Valenza

A client seeking advice about firing an employee who curses, throws things, or even makes threats of bodily harm expects a green light. A competent employment lawyer usually may oblige without significant risk. Usually.

"Obey now, grieve later," is a well-worn maxim of workplace law. But its edges have frayed as the law has evolved, primarily in the context of disability discrimination claims.

F...

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