Interference Claims Termination

News & Analysis as of

Fourth Circuit Says Failure to Advise Employee of Leave Reinstatement Interfered with FMLA Rights

The U.S. Supreme Court’s 2002 Ragsdale decision rejected Department of Labor regulations stating that failure to provide employees with notice of leave rights was a per se violation of the Family and Medical Leave Act....more

Second Circuit Holds HR Professionals Can Be Liable as ‘Employers’ Under FMLA

The Second Circuit Court of Appeals has recently held that a human resources manager could be held liable as an employer under the Family and Medical Leave Act (FMLA). In issuing its decision in Graziadio v. Culinary...more

Summary of California Appellate Decisions -August 2015

Insurance; Duty To Defend; Insurance Coverage; Intentional Acts; Sexual Misconduct - Gonzalez v. Fire Insurance Exchange (2015) 234 Cal.App.4th 1220, 184 Cal.Rptr.3d 394 (WL 960927) - Facts: This is an...more

Tenth Circuit Upholds Employee Termination 2 Days After FMLA Leave Request

The Tenth Circuit Court of Appeals, in Brown v. ScriptPro, LLC, 2012 U.S. App. LEXIS 24364 (Nov. 27, 2012), recently clarified that discharging an employee within two days of a request for medical leave does not by itself...more

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

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

An Employer's Measured Response to Suspected Workplace FMLA Fraud Wins the Day

The U.S. Court of Appeals for the Sixth Circuit issued its decision in Jaszczyszyn v. Advantage Health Physician Network, 2012 U.S. App. LEXIS 23162 (Nov. 7, 20012), affirming summary judgment for an employer in a case...more

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