Tag: FMLA interference

FMLA Leave: Tom Brady Plays Through the Pain–Why Can’t You?

It’s no-pain, no-gain for Tom Brady, but pressuring employees to work while injured may violate the Family and Medical Leave Act (FMLA). Love him or hate him, you have to give it to Tom Brady–the man is dedicated to his sport. Last week, he was called upon once again to play through the pain and […]

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Gambling on independent contractor status? Stack the deck in your favor

by Gary S. Fealk Smart businesspeople are adept at finding ways to reduce their costs. However, cutting costs associated with employment by using independent contractors is a big risk unless you take great care to make sure you aren’t misclassifying employees as independent contractors.  What’s all the fuss about? Various government agencies have been increasingly […]

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Mastering Tough FMLA Issues: Employees Who Don’t Have Restoration Rights

This article series addresses some of the most confusing real world problems surrounding the Family and Medical Leave Act (FMLA). In the last installment, we discussed situations in which employees have job restoration rights upon returning from leave.  In this article, we’ll look employees who do not have job restoration rights once they return from […]

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10th Circuit Upholds Dismissal of FMLA Claim Based on ‘Prejudicial’ Evidence

In a recent case, a federal district court judge excluded three pieces of evidence that a fired employee claimed helped prove his allegation that his employer, SAIA Motor Freight Line, LLC, interfered with his Family and Medical Leave Act (FMLA) leave by terminating him. The evidence was excluded, the jury found in favor of the employer, and the case was dismissed.

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