In tort law, there such a thing as the coming and going rule. That is, if an employee acts negligently while commuting to work or coming from work, the employer is not liable for those actions. The Internal Revenue Service has a similar rule. That is, you can’t take off your mileage when you are
December 2011
full return to work R.I.P.
By William Goren on
Posted in Federal Cases, Title I
Are full return to work policies kosher? A full return to work policy is a policy that says you cannot come back to work unless you are 100%. It is commonly seen in workers compensation areas. I have written for years that this policy is very problematic under the Americans with Disabilities Act. But what…
Our first case
By William Goren on
Posted in Federal Cases, Title II
The first case we will talk about is Klene v. Trustees of Indiana University, 413 Fed. Appx. 919 (7th Cir. 2011). It is an unpublished decision and so before using it, you’ll want to check your rules on that as restrictions exist on how you can use unpublished decisions depending upon the jurisdiction you…