Debra Ney worked as a clerk for the City of Hoisington’s Police Department and Municipal Court. In 1998, she reported to the relevant authorities that the police chief possessed child pornography on his computer. Because of this the police chief lost his job and Kenton Doze was named the new police chief.
Ney claimed [...]
Browsing FMLA cases™
Lawyer claims FMLA does not apply so client won’t lose paid leave time
FMLA case shorts
Csanyi v. Regis Corporation, 2008 WL 205288 (C.A.9 (Ariz.))
Plaintiff and defendant stipulated in pretrial order that employee’s health benefits were terminated while she was on approved FMLA leave. Therefore, district court erred in finding that employee failed to prove that fact for purposes of determining whether termination of health insurance benefits constituted interference with [...]
Alteration of FMLA Certification Defeats FMLA claims
Smith v. The Hope School, Not Reported in F.Supp.2d, 2008 WL 1722194) (C.D. Ill., 2008)
Tanum Smith worked for The Hope School (currently known as The Hope Institute) from May 5, 2005 through September 19, 2006. The Hope School is a school for children with developmental disabilities. Smith individually worked with students as an [...]
Workers’ Compensation and FMLA Leave may run concurrently
Brian K. Dotson began working for BRP U.S. Inc. in 1999 in a “grind and trim” job. BRP manufactures recreational products including personal watercraft. In the “grind and trim” job, Dotson was required to drill and cut under boats. Sometimes Dotson was forced to do so in tight spaces.
On January [...]
Chase Manhattan hit with potential verdict of almost $8 million
Lore v. Chase Manhattan Mortgage Corp., No. 1-04-cv-0204.
On March 17, 2008, a federal jury awarded Nicholas Lore $2.2 million dollars in an employment discrimination suit alleging violations of the FMLA. Still yet to be awarded are liquidated damages in an amount equal to the $2.2 million verdict, prejudgment interest (as required by the FMLA [...]
FMLA case law shorts
Grace v. USCAR and Bartech Technical Services, LLC, — F.3d —-, 2008 WL 782470 (C.A.6 (Mich.)) - 6th Circuit made determinations on several FMLA issues.
1 - Whether two employers could be deemed single employer under integrated employer test - in this case, they could not as they didn’t have common management, integrated operations, had no [...]
Elements of an FMLA interference claim
I was reading one of the recent FMLA law cases - Moss v. Bluecross, Blueshield of Kansas, Inc.,and thought it would be helpful to set out the basics of an FMLA interference/entitlement claim. What’s great about an interference/entitlement claim is the employee does not have to prove that the employer intended to violate her [...]
Lawyer claims FMLA does not apply so client won’t lose paid leave time
A clerk working for a police department took seven months off of work with the approval of her employer. Her employer suggested that she fill out paperwork for FMLA leave purposes. Apparently the clerk took the paperwork to her attorney who wrote the following letter back to her employer:
For your information, the [FMLA] [...]
Ohio District Court holds that employee can aggregate employment periods for FMLA coverage
In Cox v. True North Energy, LLC, 524 F.Supp.927 (N.D.Ohio 2007), an employee who had worked for True North from September 3, 2001 until May 8, 2006 and then again from June 30, 2006 until November 2006 brought suit under the FMLA after she took medical leave during her second term of employment for treatment [...]
Employee survives summary judgment on Fmla interference/retaliation claims
First off, this case contained some nice language on exhibits that are submitted as part of summary judgment motions, responses and replies:
Specifically, unless the parties stipulate as to their contents and authenticity, FED.R.EVID. 1007; documents must meet a two-prong test: (1) they must be attached to and authenticated by an affidavit (or a sworn or [...]
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Latest In FMLA interference
FMLA law - Wysong v. The Dow Chemical Co.
In Wysong v. The Dow Chemical Co., --- F.3d ----, 2007 WL 2819880 (C.A.6 (Ohio)), ...continue readingFMLA Interference Claim Permitted in FMLA Retaliation Context
excerpts - In Campbell v. Gambro Healthcare, Inc.C.A.10 (Kan.), 2007, the Tenth Circuit Court of ...continue readingBlogroll
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