Hiring & Firing, FMLA, Termination

Wild Bear Attacks Employer

by Kelly Scott | Ervin Cohen & Jessup LLP on 3/29/2013

We have all heard the stories of the mother bear that attacks when humans wander too close to her cubs. Do humans behave any differently? According to Business Management Daily, nine out of ten employees who are terminated...more

To Terminate or Not to Terminate. . . That is the Question

by Miller & Martin PLLC on 3/26/2013

The Facts – “What Happened?”: The plaintiff, Ms. Mocic, worked as an EMT for the employer/defendant (SCEMS) for almost four years. She became pregnant in 2009. She requested and was granted an apparently uneventful...more

Facebook Postings Showing Misuse of FMLA Leave Can Form Sufficient Legal Basis of Termination

by Maria Greco Danaher | Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/26/2013

Based on the number of social media decisions from the National Labor Relations Board over the past two years, most employers understand that when employee Facebook postings constitute “protected activity” under the National...more

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

by Jeff Nowak | Franczek Radelet P.C. on 3/19/2013

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

Fenwick Employment Brief - March 2013

by Allen M. Kato, Michael A. Sands | Fenwick & West LLP on 3/14/2013

In This Issue: - Feature Articles: - California Court Of Appeal Significantly Expands Pregnancy Leave Rights - New York Employer's Flex-time Policy Precluded Holding Employee Accountable For Tardiness...more

Employer Lawfully Fires Soon-to-be-Covered Employee Who Gives Notice of Need for Upcoming FMLA Leave

by Theodore A. Olsen | Sherman & Howard L.L.C. on 3/11/2013

Timing is everything. If an employee has not yet been employed for the 12 months required by law in order to be eligible for Family & Medical Leave Act leave, is the employee protected from discharge for expressing her...more

Primer on West Virginia State Law Labor and Employment Claims

by Peter Rich | Spilman Thomas & Battle, PLLC on 3/1/2013

On January 4, 2013, Judge Irene M. Keeley of the United States District Court for the Northern District of West Virginia issued a Memorandum Opinion and Order that partially granted the Defendant’s Motion for Summary Judgment...more

Fenwick Employment Brief - February 2013

by Daniel J. McCoy, Saundra Riley | Fenwick & West LLP on 2/21/2013

In This Issue: *FEATURE ARTICLES - Cal Supreme Court Refuses To Immunize Employers In Mixed-Motive Discrimination Cases, But Significantly Limits Remedies - Manager's Bias, Public Policy, And Defamation...more

Employee’s Facebook Fumble Dooms Her FMLA Claims

by Philip Phillips | Foley & Lardner LLP on 2/19/2013

As we have previously mentioned, an employer’s use of social media content has its risks and legal limitations. However, under certain circumstances, an employee’s social media activity may prove relevant to and warrant...more

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

by Jeff Nowak | Franczek Radelet P.C. on 1/31/2013

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

Terminating an Employee on the Heels of an FMLA Request: A Court Offers Some Guidance on Doing It Legally

by Anne Yuengert | Bradley Arant Boult Cummings LLP on 1/30/2013

A problematic employee is teetering on the brink of termination and suddenly requests FMLA leave. Do you terminate him for cause or grant the FMLA leave and give him another chance to avoid the retaliation claim? What if he...more

California Employment Law Notes - January 2013

by Harold Brody, Enzo Der Boghossian, Anthony Oncidi, Kenneth Sulzer, Mark Theodore | Proskauer Rose LLP on 1/14/2013

In This Issue: - $1.347 Million Award To Former General Counsel For Breach Of Implied Contract Is Upheld - Faigin v. Signature Group Holdings, Inc., 211 Cal. App. 4th 726 (2012) - $114,000 Pregnancy...more

EmployerLINC.com - January 10, 2013: Following the rules does pay off

by Sharolyn Whiting-Ralston | McAfee & Taft on 1/11/2013

My husband frequently makes fun of my innate nature to follow rules. When a sign at the store says don’t carry merchandise into the restroom, I don’t. I go in through the “in” door and out through the “out” door. Boring...more

Assignment to a Lesser Position Upon Return From Leave May Support FMLA Interference Claim

by Maria Greco Danaher | Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/3/2013

The Eleventh Circuit Court of Appeals reversed summary judgment in favor of an employer, holding that a plaintiff’s testimony and evidence related to her transfer to a position of less responsibility upon return from leave...more

Temporal Proximity Between FMLA Leave and Firing Does Not Always Lead to Successful Legal Claim

by Maria Greco Danaher | Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/11/2012

The Family and Medical Leave Act (FMLA) continues to create administrative challenges for employers. One particular issue of concern is the discipline and/or termination of an employee who has requested or is on FMLA leave....more

Employee’s Signs of Severe Emotional Distress and Anxiety May Constitute a “Report” of the Need for FMLA Leave

by Maria Greco Danaher | Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/20/2012

To state a claim of interference under the Family and Medical Leave Act (FMLA), an employee must show that his or her employer denied benefits to which the employee was entitled under the FMLA. For example, an employee might...more

Western District Of New York Dismisses “Threadbare” FMLA And Discrimination Allegations At Initial Pleadings Stage

by Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/23/2012

Gonzalez v. Carestream Health, Inc., No. 12-CV-6151(CJS) (W.D.N.Y. Sept. 18, 2012, Siragusa, J.): A district court granted an employer’s motion to dismiss the complaint of a 60-year old male who brought claims for age...more

FMLA Does Not Prohibit Termination Of Employee Who Abuses Leave Or Engages In Misconduct During Leave, Third Circuit Holds

by Mark Diana, Ryan T. Warden | Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/16/2012

In Warwas v. City of Plainfield, No. 11-1736, 2012 U.S. App. LEXIS 15324, (3rd Cir. July 25, 2012), an employee terminated while on FMLA leave sued for interference with her FMLA rights. The employer asserted it terminated...more

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Hiring & Firing › FMLA › Termination