Jeff Nowak

Jeff Nowak

Franczek Radelet P.C.

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FMLA FAQ: Can We Terminate an Employee for Working a Second Job While on FMLA Leave?

If the employer has a uniformly-applied policy governing outside or supplemental employment, such a policy may continue to apply to an employee while on FMLA leave. An employer which does not have such a policy may not deny...more

9/19/2014 - Corporate Counsel Employee Rights Employer Liability Issues FMLA Hiring & Firing Termination

Now This is a Headache! Employee Terminated for Migraine Headaches Can Advance FMLA Claim

In the cold, sadistic world that is the FMLA, the Department of Labor tells us that ordinary, run-of-the-mill headaches (a/k/a “non-migraine” headaches) are not covered by the FMLA. Migraine headaches, on the other hand, are...more

7/31/2014 - Corporate Counsel Employer Liability Issues FMLA Migraine Termination

Dear Employers: We Have to Stop Sticking It to Pregnant Moms and Expectant Dads

A few employers apparently have made some rather foolish decisions lately when terminating the employment of an expectant parent, and it’s making the rest of us look like we don’t care much for moms and dads or, for that...more

7/28/2014 - Corporate Counsel Employer Liability Issues FMLA Hiring & Firing Pregnancy Discrimination Termination

Does an Employer Have an Obligation to Provide Accommodations to Pregnant Employees? Don't Follow This Employer's Lead

Ena Wages served as a property manager for one of several apartment complexes owned by Stuart Management Corp. She began her employment on November 17, 2008, and this is significant under the FMLA because nearly one year...more

6/20/2014 - Employer Liability Issues FMLA Hiring & Firing Pregnancy Pregnancy Discrimination Reasonable Accommodation Retaliation Termination

The Lesson Of EEOC v. UPS And Automatic Termination Provisions: Engage In The ADA Interactive Process

Let me share a story about UPS, although in the end, this story has nothing to do with UPS. For about the past 10 years, UPS has maintained a policy of terminating any employees who are unable to return to work after...more

2/19/2014 - ADA Disability EEOC Termination UPS

Holy Smokes! Employee's Minister Uncovers Her FMLA Abuse, Leads To Her Termination

Linette Williams-Grant had a week worthy of Judith Viorst's classic children's story Alexander and the Terrible, Horrible, No Good, Very Bad Day, which (as an aside) is one of my all time favorites to read to my young...more

10/16/2013 - FMLA Fraud Termination

Failure To Provide Additional Leave As ADA Accommodation Could Prove Costly To Employers

For ages, the employer community has awaited guidance from the EEOC regarding how much additional leave, if any, an employer is required to provide an employee as an ADA reasonable accommodation when an employee is unable to...more

6/10/2013 - ADA Disability Discrimination Discrimination EEOC FMLA Hiring & Firing Medical Leave Pregnancy Discrimination Reasonable Accommodation Termination

Court Rules That Third Party Administrators Can Be Held Liable For FMLA-Related Violations

Employers often outsource to third party administrators the task of managing their FMLA processes. Under this model, the TPA handles FMLA requests, paperwork and approvals instead of the employer's human resources or...more

3/19/2013 - FMLA Hiring & Firing Human Resources Professionals Medical Certification Requests Medical Leave PHI Termination Third-Party Tortious Interference

Why Must Employers Train Their Managers About The FMLA? Here Are 1.2 Million Reasons Why

I came across an interesting FMLA case this past week, and the facts are simple enough that it kept my attention. [In the age of Twitter and Facebook, anything beyond a 30-second sound byte and you might as well give me a...more

1/31/2013 - Disability FMLA Hiring & Firing Hurley v. Kent of Naples Leave of Absence Mental Illness Retaliation Termination

An Employee Requests And Is Denied Vacation Leave But Later Takes FMLA Leave For The Same Time Period. What Recourse Does An...

This scenario is all too familiar for employers: shortly before Christmas, your employee requests vacation leave for Christmas Eve and New Years Eve. Due to seniority or the employee's last minute request for time off, her...more

1/8/2013 - FMLA FMLA Abuse Medical Certification Requests Medical Leave Termination Vacation Leave

Bad Timing: Can An Employer Terminate An Employee Shortly After Requesting FMLA Leave?

As a labor and employment attorney, I spend a significant amount of time counseling employers as they prepare to terminate an employee. Often enough, the situation goes something like this:...more

12/21/2012 - FMLA Performance Reviews Termination

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