Wednesday, October 16, 2013

FMLA Retaliation

Want to read an interesting FMLA case? 

Yes, they exist.

Employment attorney Michael P. Maslanka has some sage advice in the wake of a 5th U.S. Circuit Court of Appeals decision. An excerpt:

  • The 5th Circuit said a jury could draw an inference that Ion’s use of FMLA leave played a role in the termination decision, because the termination letter mentioned that Ion had not returned to work since his suspension. Well, he had not — because he was on FMLA leave.

4 comments:

Kurt Harden said...

So referring to FMLA as the Friday Monday Leave Act probably doesn't count as "presuming positive intent"?

Michael Wade said...

Kurt,

Full Employment Bill for Lawyers would be more accurate.

Michael

Bob said...

Reminded me of something I read in the paper this week....

'Shine Corporate Limited announced to the ASX on Wednesday that the government's proposed 5 per cent injury threshold, predicted to halve the number of cases eligible for a common law remedy, could reduce its 2014/15 net profit by between $2 million and $2.5 million.'

So the MAIN problem with a change in one of the states laws was that it would reduce law firms profit...

http://www.brisbanetimes.com.au/queensland/law-firms-predict-big-workcover-losses-20131016-2vn4v.html

Michael Wade said...

Bob,

Some things don't change regardless of national boundaries.

Michael