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· 4/21/1989

Davidson v. Shoney's Big Boy Restaurant

Citations

  • 380 S.E.2d 232
  • 181 W. Va. 65
  • 6 Am. Disabilities Cas. (BNA) 1035
  • 1989 W. Va. LEXIS 62
  • 53 Empl. Prac. Dec. (CCH) 39,947

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • unless state law “plainly and specifically” authorizes inconsistent state and local regulation, it would be “illogical” to assume that result
  • unless state law “plainly and specifically” authorizes inconsistent state and local regulation, it would be “illogical” to assume that result
  • termination of an epileptic restaurant employee violated the employee’s rights where the employer did not base the termination on individualized evaluation of the employee’s condition and work history
  • “[T]o satisfy the standard of a serious threat to one’s health or safety, the employer must establish that it relied upon competent medical advice that there exists a reasonably probable risk of serious harm.”
  • “[T]o satisfy the standard of a serious threat to one’s health or safety, the employer must establish that it relied upon competent medical advice that there exists a reasonably probable risk of serious harm.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Miller

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.