Winning the Battle but Losing the War in FMLA Cases

The FMLA allows for two different theories of recovery-interference and retaliation. Interference is when an employer denies an FMLA benefit to which an employee is entitled and of which the employee provided notice. Retaliation is when an employee's use of a protected FMLA right causes an employer's...

Retaliation: 2012 and Beyond

Retaliation claims are here to stay. According to charge statistics recently released by the EEOC, retaliation claims rose to an all-time high of 37,344 in fiscal year 2011, and were included in 37.4% of all charges filed with the agency. Recent developments lead us to conclude that this trend will...

The Birth of a Retaliation Case: Oops, We Didn't Really Mean That...

ABC News has reported the interesting case of an employee who asked to have time off because of a pregnancy and was told that since she did not have leave available under the FMLA, she would be treated as a voluntary resignation when she did not report to work. The employee recorded the conversation...

Horseshoes, hand grenades and....FMLA eligibility?

And here I thought close only counted in the first two... Who knew that close enough is good enough under the Family and Medical Leave Act (FMLA) when meeting the 1,250-hour eligibility requirement? Apparently, the Second Circuit Court of Appeals in this recent decision . In Donnelly v. Greenburgh...