News & Analysis as of

Interference Claims Retaliation Medical Leave

McAfee & Taft

Falsified FMLA forms torpedo retaliation claims

McAfee & Taft on

The U.S. Department of Labor makes available a variety of Family and Medical Leave Act forms to employers. When used by companies, the DOL forms are extremely helpful with managing and administering employees’ FMLA absences....more

Seyfarth Shaw LLP

Whew! Fifth Circuit Reinforces Importance of Documenting Performance Issues

Seyfarth Shaw LLP on

Seyfarth Synopsis: In affirming summary judgment in favor of the defendant in an Family and Medical Leave Act (FMLA) interference and retaliation case, the Fifth Circuit reinforced the importance of documenting performance...more

Seyfarth Shaw LLP

Be Careful Of Comments On Healthcare Costs: Sixth Circuit Denies Summary Judgment On ERISA Interference And Retaliation Claims...

Seyfarth Shaw LLP on

Seyfarth Synopsis:   An employer, which had paid medical expenses on behalf of an employee’s dependent son, made comments about the company’s rising healthcare costs several months before firing the employee. The Sixth...more

Jackson Lewis P.C.

Beware What You Share – Disclosure of Medical Information Results in Retaliation and Interference Claims

Jackson Lewis P.C. on

A United States District Court in Florida thwarted an employer’s attempt to toss the FMLA claims of an employee who sued after his medical condition was disclosed to co-workers who subsequently made fun of him. The employee...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

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