Termination, Family and Medical Leave Act (FMLA), Employee Rights

Employee "Refuses To Sign." Now what?

Constangy, Brooks, Smith & Prophete, LLP on 12/11/2020

Should the employer force the issue? You Human Resources professionals are familiar with this scenario. You are present while a supervisor is disciplining an employee. The supervisor has a write-up, pre-approved by you, and...more

Documented Performance Issues And Inadequate Notice Of Need For Leave Sink Employee’s FMLA Claims

Jackson Lewis P.C. on 7/12/2017

Granting summary judgment to an employer on Family and Medical Leave Act claims asserted by a former employee, an Illinois district court held that: (1) the employee had failed to demonstrate his firing had any causal...more

What Should I Tell Employees On Leave About Their FMLA Usage? Everything!

Jackson Lewis P.C. on 5/4/2017

When it comes to FMLA leave administration, “don’t sweat the details” is rarely a wise axiom. Details matter. A lot. A recent decision by an Illinois federal court reinforces that lesson. In March 2015, Amanda Dusik...more

Third Circuit: No Direct Evidence Needed for Mixed-Motive Jury Instruction in FMLA Retaliation Cases

Jackson Lewis P.C. on 3/31/2017

A former employee alleges that he was terminated because he exercised his right to take intermittent leave under the Family and Medical Leave Act. His former employer asserts that his FMLA leave had nothing to do with his...more

Seventh Circuit Holds That FMLA Limitations Period Begins To Run At Time Of Each Leave Denial

Proskauer - Law and the Workplace on 10/23/2015

On October 20, the Seventh Circuit held, in Barrett v. Illinois Department of Corrections, that a former state employee’s Family and Medical Leave Act (“FMLA”) denial of leave claim was untimely because suit was not filed...more

The Importance of Timing in Employment Terminations

Pullman & Comley - Labor, Employment and... on 12/2/2014

There is a saying that “timing is everything,” and in some instances of employment termination, the timing, if not everything, may still be an important consideration....more

FMLA FAQ: Can We Terminate an Employee for Working a Second Job While on FMLA Leave?

Franczek P.C. on 9/19/2014

If the employer has a uniformly-applied policy governing outside or supplemental employment, such a policy may continue to apply to an employee while on FMLA leave. An employer which does not have such a policy may not deny...more

Termination › Family and Medical Leave Act (FMLA) › Employee Rights