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 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...
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...
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...