When it comes to things like minimum wage, overtime, and Family and Medical Leave Act (FMLA) leave, there are multiple different ways that your employer can violate the law. First, there’s the violation itself, in which your employer denies you what the statute demands. Additionally, though, many cases involve retaliation,…
Articles Posted in FMLA
How ‘No-Fault’ Attendance Policies May Run Afoul of the FMLA or the ADA
Employers today continue to innovate in many areas related to the operation of their workplaces. When they do so, modifications in the way workplaces function may impact many areas. Sometimes, they may even violate certain employment laws, like the Americans with Disabilities Act and/or the Family Medical Leave Act. If…
A Georgia Employer’s Compliance With Workers’ Compensation Law Did Not Shield It From Possible Liability for FMLA Interference
Is it possible for your employer to take certain proper actions in the aftermath of your workplace injury and still do (or fail to do) other things that constitute violations of the law? Yes, it is. Just because your employer complies with one law does not absolve it of its…
Dismissal of Georgia Woman’s Employment Discrimination and FMLA Claims Affirmed on Appeal
Federal law protects employees against racial discrimination and actions taken in retaliation for an employee’s assertion of his or her rights under certain federal laws designed for the protection of workers. However, an Atlanta employment discrimination claim will not be viable in every alleged instance of discrimination or retaliation. In…
Federal Court Dismisses Atlanta Woman’s Race Discrimination and FMLA Claims
Discrimination based on race, gender, and age is still alarmingly common. If you believe you have been a victim of such unlawful conduct, you should talk to an Atlanta employment discrimination attorney about the possibility of filing a claim against your employer. However, you should be aware of the requirements…
Dismissal of ADA and FMLA Claims Affirmed by 11th Circuit, the Court to Which Federal Cases Arising in Georgia Are Heard on Appeal
An Atlanta employment lawsuit can arise from an employer’s alleged violation of several different state and federal laws, including both the Americans with Disabilities Act and the Family Medical Leave Act. However, it should be pointed out that the plaintiff has the burden of proving each and every element of…
Eleventh Circuit Upholds Ruling in Favor of Georgia Employer in FMLA Retaliation Case
When an employee launches a legal action against his employer that asserts that the employer engaged in illegal discriminatory or retaliatory conduct in the termination of the employee, each side will have important evidentiary showings they’ll need to make. The employer needs to prove that it had a legitimate reason…
Employer Wins FMLA Case Against Fired Employee Because the Employee Didn’t Prove that the Termination was Done Because of Her Leave
For employers, complicated issues can arise from deciding to terminate an employee who is out on leave. Depending on the circumstances, executing this termination may leave the employer open to a Family and Medical Leave Act lawsuit. In the case of one city worker in Michigan, the employer went ahead…
Nurse Allegedly Fired for Sleeping on the Job Unable to Show Termination Was Actually FMLA Retaliation
A considerable variety of employment law cases, especially when the employee’s claims relate to discrimination or retaliation, can succeed or fail based upon which side (employee or employer) presents a stronger case about whether the employer’s adverse action was legitimate or merely a pretext for engaging in illegal conduct. Many…
Sixth Circuit Says Employer Can Be Liable in FMLA Case, Even if Actual Decision-Makers Weren’t Biased
An old fable tells the story of a cat and a monkey. The monkey convinces the cat to fetch some chestnuts from the embers of a recently extinguished fire. The cat gets the nuts and gives them to the monkey, burning its paw in the process. A maid interrupts their…