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Tag: retaliation

Change in Assignment May Be Insufficient to Establish FMLA Interference

Posted onJuly 14, 2017April 18, 2019

Sara Sampra was working as an engineer for the Federal Aviation Administration (“FAA”) in December 2013 when she was placed on bed rest by her physician as a result of pregnancy-related complications. After working from home for approximately two (2) weeks, Ms. Sampra began a Read More …

CategoriesFMLATagsFMLA, FMLA leave, retaliation, The Family and Medical Leave Act

Hiring of Replacement Is Adverse Employment Action for FMLA Purposes

Posted onNovember 14, 2014April 8, 2019

In Budhun v. Reading Hospital and Medical Center, one of the issues before the United States Court of Appeals for the Third Circuit was whether Ms. Budhun suffered an adverse employment action. This is an oft-litigated issue in Family and Medical Leave Act cases as Read More …

CategoriesFMLATagsAdverse employment action, Doctor's note, FMLA, FMLA leave, retaliation, Terminated, Wage laws

Third Circuit Reaffirms Importance of FMLA Rights Notice

Posted onAugust 22, 2014April 7, 2019

On August 5, 2014, the United States Court of Appeals for the Third Circuit reversed an entry of summary judgment in the case of Lupyan v. Corinthian Colleges, Inc. The Third Circuit’s decision was important as it highlights the important role the Family and Medical Read More …

CategoriesFMLATagsFLSA, FMLA leave, retaliation

Shift Transfers Not Sufficient for Discrimination but May Be for Retaliation

Posted onMay 10, 2014April 3, 2019

On April 21, 2014, the United States District Court for the Southern District of Indiana dismissed a race discrimination case brought by an African-American employee against his former employer. In Douthit v. TC Heartland LLC, the employee claimed that he had been transferred from his Read More …

CategoriesRetaliationTagsdiscrimination, retaliation

FMLA Case Allowed to Proceed to Trial

Posted onMay 9, 2014April 3, 2019

On March 24, 2014, the United States District Court for the Northern District of Indiana issued an Opinion and Order in Ransel v. CRST Lincoln Sales, Inc. denying in part CRST Lincoln Sales, Inc.’s Motion for Summary Judgment and allowing two of the employee’s four Read More …

CategoriesFMLATagsInjury, retaliation

The Supreme Court Tackles Retaliation Cases

Posted onJuly 29, 2013February 1, 2014

Perhaps the most common complaint I hear from employees who call my office is that they feel they have been retaliated against by their employer. Thanks to a recent decision by the United States Supreme Court, those cases are now more difficult for employees to Read More …

CategoriesRetaliationTagsretaliation, supreme court

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