Not an FMLA case but worth noting. Employee’s destruction of data on his employer-owned laptop amounted to willful spoliation of evidence, as would support dismissal as sanction as well as a $65,000 monetary sanction against employee.
Leon v. IDX Systems Corporation, 464 F.3d 951 (CA 9 2006).
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Employee’s spoliation of data warranted dismissal and $65,000 sanction
Posted by fmlalaw in May 17th, 2007
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Can a parent of adult child take FMLA leave to care for the adult child?
Posted by fmlalaw in February 8th, 2007
Posted in: Uncategorized
Regulations to the FMLA indicate that such leave can be taken under the FMLA if the adult child is incapable of self care.
29 C.F.R. section 825.113(c)(1) and (2).
(c) Son or daughter means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is [...]
Employee within public agency subject to individual liability under FMLA
Posted by fmlalaw in January 19th, 2007
Posted in: Uncategorized
In a matter of first impression, employee within a public agency could be held individually liable under the FMLA. If a public employee acts, directly or indirectly, in the interest of an employer, he satisfies the definition of employer under the FMLA, and therefore, may be subject to liability in his individual capacity.
Modica [...]
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