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Family and Medical Leave Act (FMLA) › Wrongful Termination › Corporate Counsel

Seyfarth Shaw LLP

Eleventh Circuit Holds FMLA Retaliation Requires “But-for” Showing

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Seyfarth Synopsis: The United States Court of Appeals for the Eleventh Circuit affirmed a district court’s decision that “but-for” is the proper causation standard for FMLA retaliation claims addressed within the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fourth Circuit Reinstates Employee’s Claim That Social Media App Messages Provided Sufficient Notice of a Medical Absence

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On August 15, 2022, the U.S. Court of Appeals for the Fourth Circuit held in Roberts v. Gestamp West Virginia, LLC, that an employer’s “usual and customary” notice procedures relating to absences extended beyond the company’s...more

Jackson Lewis P.C.

EEOC’s Notice Pleading Survives Motion To Dismiss In Failure To Accommodate And Wrongful Termination Suit

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A North Carolina district court recently declined to dismiss a failure to accommodate and wrongful termination action brought by the EEOC on behalf of a patient accounts representative in EEOC v. Advance Home Care, Inc....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Is Never Returning to Work a Reasonable Accommodation? Fifth Circuit Says No

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On March 15, 2017, in Moss v. Harris County Constable Precinct One, the Fifth Circuit Court of Appeals reaffirmed that an employer is not required to accommodate an employee who is requesting indefinite leave as a reasonable...more

McAfee & Taft

Court OK’s termination of diabetic employee for misconduct

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A recent federal appeals court decision case upheld an employer’s termination of a diabetic employee for misconduct, despite the employee’s argument that her poor work performance was a result of low-blood sugar....more

Burr & Forman

4th Circuit Bounces Bank's Request to Dismiss Manager's FMLA Case

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In a relatively recent decision, the U.S. Court of Appeals for the 4th Circuit (whose rulings apply to all South Carolina employers) found that an employer's faulty notice to an employee about his rights under the Family and...more

Poyner Spruill LLP

Termination of Employee for FMLA Abuse Affirmed by Fourth Circuit

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FMLA abuse is an increasing problem oftentimes leaving employers searching for options. However, the Fourth Circuit Court of Appeals gave employers a win in Sharif v. United Airlines, Inc., when it affirmed an employer’s...more

Hinshaw & Culbertson LLP

Seventh Circuit Finds No ADA Liability for Employer Not Involved in Decisionmaking

Hinshaw & Culbertson LLP on

Joyce Whitaker began working for Milwaukee County as a corrections officer in 2001. In 2005, she sustained a work-related back injury and subsequently was diagnosed with several related medical conditions. As a result, her...more

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