Archives: FMLA

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An Employee’s Workplace Asthma Attack May Trigger FMLA Protections

Many times, timing is everything (or nearly so).  For example, in Dighello v. Thurston Foods, Inc. (and unlike the Eleventh Circuit’s ruling in Bailey v. Oakwood Healthcare, Inc., about which we recently wrote), the trial court held that a plaintiff who was discharged shortly after suffering an asthma attack at work plausibly alleged an FMLA retaliation … Continue Reading

Employer’s FMLA Policy and Legitimate Business Reason Lead to Early Dismissal of Employee’s Claim

In Everson v. SCI Tennessee Funeral Services, LLC., the federal court granted summary judgment dismissing Plaintiff’s FMLA claims because the worker  failed to follow Defendant’s FMLA notice requirements when requesting leave.  As discussed below, Plaintiff’s ADA claim also was dismissed. In this lawsuit,  Plaintiff alleged, among other things, that Defendant retaliated against him for requesting FMLA … Continue Reading

Employee’s ADA and FMLA Claims Survive Summary Judgment After Leaving Work Early To Go To Hospital

In Knight v. Barry Callebaut USA Service Company, Inc., the United States District Court of the Eastern District of Pennsylvania denied an employer’s motion for summary judgment on claims brought by a terminated employee under the Americans with Disabilities Act (“ADA”) and the Family and Medical Leave Act (“FMLA”).  During the work day, the employee … Continue Reading

Failure to Provide Documentation, Misconduct, Defeats FMLA Retaliation Claim in the Process

The U.S. District Court for the Southern District of New York recently granted an employer’s motion for summary judgment dismissing wrongful termination claims. Cruz v. Wyckoff Heights Med. Ctr., No. 13 Civ. 8355 (S.D.N.Y. Sept. 23, 2016).  In Cruz,  plaintiff used intermittent leave under the Family and Medical Leave Act (“FMLA”) for ulcerative colitis from … Continue Reading

Dismissal of Claims of Unlawful Discharge for Using FMLA Leave Highlight Importance of Accurate Record Keeping And Consistent Explanations For Employee Terminations

Too often weak claims of employment discrimination gain strength when employers fail to properly document and support with documentation the legitimate, non-discriminatory reasons for an employee’s termination.  While the burden of proof never leaves the claimant, and there is no explicit legal obligation to document the basis for personnel decisions, jurors may develop a negative … Continue Reading
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