One company terminated an employee with performance problems – but ended up in court because he was on protected leave at the time. Here’s why a court ruled against the company. Fired two months in James Hester worked as an engineer for Texas-based company Bell-Textron Inc. for more than 20 years. During his time there, […]
When considering an FMLA claim and some other kinds of claims, one way courts determine whether A caused B is timing. Say an employee exercises a legal right by doing something an employer may not like – such as requesting a leave – and then gets fired almost immediately. That timing suggests that the termination […]
When employers have issues with FMLA certifications it can make leave administration a true nightmare. But one of the best solutions to the problem often gets overlooked by employers. That solution: Going right to the doctor for help. That’s what employment law attorney Jeff Nowak did. Nowak, the author of the FMLA Insights blog (FmlaInsights.com), […]
Do you know the duck test? If it walks like a duck, quacks like a duck and looks like a duck, it’s a duck. In Blake v. City of Montgomery, a firefighter-paramedic argued he didn’t resign. He said he asked for a Family and Medical Leave Act (FMLA) leave. But the Eleventh Circuit found his […]
When an employee’s out on FMLA leave, and their job gets eliminated during a company restructuring, do you have to hire them back? The 2nd Circuit addressed this in a recent court ruling. Top 10% Steven Barger worked for First Data Corp. in New York City when he needed to take FMLA leave. While Barger […]
An office manager said that when she told her employer she was pregnant, it told her that she could take up to three months of FMLA leave but pressured her to return to work sooner. She and her supervisor agreed that she would take six weeks of leave, after which she would begin working from […]
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