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Family and Medical Leave Act (FMLA) › Wrongful Termination › Employment Policies

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

McAfee & Taft

Alcoholic employee must meet employer’s performance standards

McAfee & Taft on

A recent federal court decision notes that disabled employees or employees with substance abuse problems must nonetheless comply with an employer’s policies and meet reasonable performance standards. Stephen Drizos, a...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

Butler Snow LLP

Top 10 Mistakes To Avoid in 2019

Butler Snow LLP on

It’s hard to believe another year is coming to a close, but here we are. As part of my personal year-end celebration, I have prepared an informal ranking of the top mistakes I’ve tried to help clients avoid, correct, or...more

Zuckerman Spaeder LLP

Bakery Says Employee’s FMLA Claims Don’t Rise to the Occasion

Zuckerman Spaeder LLP on

Under the Family Medical Leave Act (“FMLA”), employers are required to provide 12 weeks of unpaid leave to employees with certain family or medical issues. These issues include attending to serious health conditions that make...more

Franczek P.C.

FMLA FAQ: If an Employee Racks Up Both FMLA and Unexcused Absences, Can He Be Terminated?

Franczek P.C. on

Here’s a puzzle for you. How would you handle it? Mary Beth is a nurse for a local hospital and has been diagnosed with cancer and asthma. 1. She is certified for FMLA leave for her cancer and asthma; 2. She incurs...more

Franczek P.C.

Employer's Poorly Drafted FMLA Policy Allows Employee to Advance FMLA Claim (That Should Have Never Seen the Light of Day)

Franczek P.C. on

If this story won’t cause you bring your FMLA policy up to snuff, then I’ve lost all hope. FMLA’s Basic Premise - An employee is eligible for FMLA leave if he meets three basic criteria: With this backdrop in...more

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