News & Analysis as of

Fraud Family and Medical Leave Act (FMLA)

Fraud is the making of false representations or engaging in deceptive behavior in order to unlawfully secure financial or personal gain. 
Proskauer Rose LLP

California Employment Law Notes - July 2024

Proskauer Rose LLP on

Employee Who Wanted To Donate/Freeze Her Eggs Was Not Protected By Pregnancy Statute - Paleny v. Fireplace Products U.S., Inc., 103 Cal. App. 5th 199 (2024) - Erika Paleny alleged harassment, discrimination and...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Affirms Rejection of FMLA Retaliation Claims

The Family and Medical Leave Act prohibits employers from interfering with or retaliating against an employee who requests FMLA leave. Last week, the Fourth Circuit Court of Appeals (which includes North Carolina, South...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Trends, Issue 9

This ninth edition of Unprecedented, our weekly update on COVID-19-related litigation, continues to be dominated by shutdown challenges and workplace injury and wrongful death claims. But as governments discuss contact...more

Manatt, Phelps & Phillips, LLP

Employment Law - August 2018 #4

Sixth Circuit: Employer Violated ADA by Firing Diabetic Employee - Why it matters - An employer violated the Americans with Disabilities Act (ADA) for terminating a diabetic employee who drank orange juice at the cash...more

Jackson Lewis P.C.

Weighty Issues: Obesity And The But-For Test Under The ADAAA

Jackson Lewis P.C. on

Obesity is still a hot topic both in our health conscious culture and in our courtrooms where we continue to see ADAAA claims based on the notion that an employer fired an employee because the employee was obese. After the...more

Amundsen Davis LLC

Recent Appellate Court Decision Provides Guidance For Investigating Intermittent FMLA Abuse

Amundsen Davis LLC on

Intermittent FMLA leave can be a source of frustration for employers even when it is used appropriately because it complicates staffing and planning and interrupts business operations. But when an employee’s use of...more

Poyner Spruill LLP

Termination of Employee for FMLA Abuse Affirmed by Fourth Circuit

Poyner Spruill LLP on

FMLA abuse is an increasing problem oftentimes leaving employers searching for options. However, the Fourth Circuit Court of Appeals gave employers a win in Sharif v. United Airlines, Inc., when it affirmed an employer’s...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Finds Sufficient Evidence of FMLA Fraud to Defeat Interference Claim

Employees approved for unscheduled intermittent Family and Medical Leave (FMLA) can drive their employers crazy. While most such employees use the leave responsibly for true medical conditions, employers sometimes notice a...more

Franczek P.C.

Holy Smokes! Employee's Minister Uncovers Her FMLA Abuse, Leads To Her Termination

Franczek P.C. on

Linette Williams-Grant had a week worthy of Judith Viorst's classic children's story Alexander and the Terrible, Horrible, No Good, Very Bad Day, which (as an aside) is one of my all time favorites to read to my young...more

Franczek P.C.

Is Your Employee Paying A Deception Service To Provide You A Fake Doctor's Note Or FMLA Certification?

Franczek P.C. on

Have you ever suspected that your employee has given you an excuse too rehearsed or provided a doctor's note a bit too slick in support of their leave of absence?...more

Fisher Phillips

Healthcare Update, No. 2, May 2013: Facebook Foils FMLA Faker

Fisher Phillips on

The legitimate and beneficial purposes of the Family and Medical Leave Act (FMLA) are undeniable. The law provides employees who have a serious health condition, are caring for a family member with a serious health condition,...more

Franczek P.C.

Facebook Pictures of Employee Socializing at Local Festival Drown Her FMLA Claims

Franczek P.C. on

Employers and fellow FMLA nerds, consider this an early holiday present: Courts are increasingly dismissing FMLA claims when they find that the employer has an honest belief that the employee has engaged in FMLA fraud. ...more

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