A federal judge in Shreveport, Louisiana recently allowed a former employee’s Family and Medical Leave Act (FMLA) lawsuit alleging interference and retaliation to proceed to trial after he was terminated for an alleged attendance policy violation during his previously approved intermittent leave.
Tag: FMLA interference
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 […]
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 […]
In a recent decision, the U.S. 5th Circuit Court of Appeals—which covers Louisiana, Mississippi, and Texas—addressed claims brought by an automaker’s employee under the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA).
There was a time in the middle of the last century when the lure of the skies drew young women to the “glamorous” job of being a flight attendant. Times have changed. Most people now understand that being a flight attendant is hard and is not made any easier by belligerent passengers and the stress […]
Question: We have an employee who we are fairly certain is falsifying her doctor’s notes. Are we legally allowed to contact the doctor’s office to verify the notes are indeed legitimate?
Question: We have an employee who is currently on FMLA leave has a brain tumor. She has been cleared by her doctor to return to work part time. Can we ask the employee to sign a waiver in case anything happens to her while at work? Answer from the experts at HR.BLR.com:
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 […]
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.
Employers do not have to ignore misconduct discovered during—or even because of—an employee’s medical leave, the 3rd U.S. Circuit Court of Appeals—which covers Delaware, New Jersey, and Pennsylvania—has ruled, joining several other circuits.