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Healthcare Facility Who Fired Worker for Anxiety Disorder Violated the ADA

Recently, a Nashville healthcare and rehabilitation facility was found to have violated the Americans with Disabilities Act (ADA), after firing her for her anxiety disorder. A jury awarded the worker $6,000 in compensatory damages. Case background The Equal Employment Opportunity Commission (EEOC) filed a complaint against the facility in January 2018, alleging that the facility Read More

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Former Spirit Airlines Flight Attendant Accuses Airline of Violating FMLA

A former Spirit Airlines flight attendant has proposed a class action suit against the budget airline. The suit alleges that the airline enforced family and medical leave policies which are inconsistent with the federal Family and Medical Leave Act (FMLA). The FMLA entitles qualified employees to take unpaid, job-protected leave for certain types of family Read More

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Discouraging Employees from Taking FMLA Leave May Violate the Law

The Family and Medical Leave Act (FMLA) bestows eligible employees with the right to take 12 weeks of job-protected leave from work, whether due to a personal or family medical need, or for the birth or adoption of a child. Unfortunately, some employers try to discourage employees from taking their federally protected leave. One Seventh Read More

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Understanding FMLA Interference Claims

The Family and Medical Leave Act (FMLA) gives eligible employees the right to take 12 weeks of job-protected leave from work due to a personal or family medical need, or for the birth or adoption of a child. Employees must be notified of their rights and prevents the employer from interfering with, limiting or denying Read More

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Seventh Circuit Rules Discouraging Employees from Taking Leave Violates the FMLA

Employees eligible for FMLA protections may take up to 12 weeks of unpaid leave per year. Employers and employees are also prohibited from denying, restraining or interfering with an employee attempting to exercise their FMLA rights. The Seventh Circuit Court of Appeals recently ruled that even discouraging an employee from taking leave violates the FMLA—even Read More

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How Can You Investigate Employee Misconduct While Someone is on FMLA Leave?

Employers can have a hard time knowing how to handle an internal investigation or disciplining an employee while that employee is taking time off under the Family and Medical Leave Act (FMLA). However, employees are not allowed to use FMLA leave as a shield from discipline for legitimate incidences of wrongdoing. In one recent case, Read More

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Sixth Circuit Rules FedEx Failed to Properly Explain FMLA to Employee

The Sixth Circuit Court recently affirmed a jury verdict in favor of an employee in a major Family and Medical Leave Act (FMLA) interference claim. According to the decision, FedEx was liable for failing to provide the claimant employee with proper written notice of all of the consequences of not returning a completed medical certification Read More

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In his new book, "Standing Up to China: How a Whistleblower Risked Everything for His Country," former client & Author, Ashley Yablon, quotes Attorney Steve Kardell about Whistelblower Law.
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