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Personal Liability Termination

Polsinelli

SDNY Rejects Director Liability for Sarbanes-Oxley Whistleblower Claims, Creating a Split Among Federal District Courts

Polsinelli on

Public company directors, who are under constant threat of claims, received welcome news earlier this month.  On December 9, 2019, the U.S. District Court for the Southern District of New York ruled that corporate directors...more

Hinshaw & Culbertson LLP

The Lawyers' Lawyer Newsletter - Halloween Issue - October 2018

Hinshaw & Culbertson LLP on

TRICK OR TREAT! - As Halloween nears, and the Great Pumpkin readies itself to visit, the editors of the Halloween edition of the Lawyers’ Lawyer Newsletter invite you to enjoy the suspenseful but hair-raisingly narrow...more

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

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

Parker Poe Adams & Bernstein LLP

Second Circuit Finds Human Resource Manager Personally Liable for FMLA Violations

The Family and Medical Leave Act imposes liability for interference by the “employer” with leave rights. Typically, the disgruntled employee asserts FMLA claims against the company employing him or her, but the Act also...more

Genova Burns LLC

The Individual Liability You Never Knew You Had: Second Circuit Rules HR Directors May Be Liable for FMLA Violations

Genova Burns LLC on

HR Directors, Beware: Your role in terminating employees may expose you to individual liability under the Family and Medical Leave Act (FMLA). In Graziadio v. Culinary Institute of America, et al., Graziadio, a Payroll...more

Proskauer - Law and the Workplace

Second Circuit Holds That HR Director May Be Individually Liable Under the FMLA Based On “Economic Realities” Analysis

It may not be well-known that the Family Medical Leave Act (“FMLA”) provides for individual, as well as corporate liability. Therefore, in a matter of importance to Human Resources personnel, supervisors, and their employers,...more

Proskauer - Whistleblowing & Retaliation

N.D. Cal.: Internal Whistleblowers Are Protected and May Sue Individual Directors

On October 23, 2015, the U.S. District Court for the Northern District of California largely denied a motion to dismiss a whistleblower retaliation claim brought by a company’s former general counsel, ruling that: (I) the SOX...more

Foley & Lardner LLP

Are FCA Retaliation Claims Against Supervisors, Executives Viable?

Foley & Lardner LLP on

When the False Claims Act (FCA) retaliation provision was amended in 2009, the amendment was not explicit as to whether plaintiffs could only recover for retaliation claims against companies, or whether plaintiffs also could...more

Laner Muchin, Ltd.

Court Rules That Employees Involved In Alleged FMLA Violations Can Be Held Personally Liable

Laner Muchin, Ltd. on

A federal district judge in Illinois recently ruled that a former employee may proceed with his interference and retaliation claims under the Family and Medical Leave Act (FMLA) against his former employer’s Human Resources...more

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