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…
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…
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…
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…
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…
A nursing facility’s activities director got good news from the 11th Circuit Court of Appeals when that court revived his Family and Medical Leave Act lawsuit, concluding that his retaliation claim was sufficient to escape summary judgment. Of larger significance, the 11th Circuit declared for the first time what the…
In an employee’s Family and Medical Leave Act case, there are various potential avenues to success for an employer. One way an employer can blunt an employee’s case is by establishing that the employee did not follow company policy for reporting his FMLA absences. That’s what happened to one waffle-packaging machine…
Employers often concern themselves with making sure that employees are not misusing resources or benefits available to them. While an employer has certain latitude in terms of, say, using tracking software to monitor employees’ use of company-provided internet, things can be different when it comes to statutorily guaranteed rights like…
A nurse was able to revive his Family and Medical Leave Act claim against his former employer after the employer failed to reinstate him from leave immediately after he informed the employer of his availability. Since reasonable jurors could disagree regarding whether the employer handled the reinstatement in a way…
It is often a tricky situation for an employer. You’ve approved an employee’s taking a certain amount of time off under the Family and Medical Leave Act, only to discover soon thereafter that your employee wasn’t completely honest with you about his leave. When an employer encounters this issue, it…