The 11th U.S. Circuit Court of Appeals reversed summary judgment in favor of an employer, holding that a plaintiff’s testimony and evidence related to her transfer to a position of less responsibility upon return from Family and Medical Leave Act (FMLA) leave created an issue of material fact that required a jury to determine whether
December 2012
Layoff upon return from military leave may qualify as a “reemployment position” under the USERRA.
By Maria Danaher on
Posted in USERRA
USERRA reemployment ‘escalator principle’ ‘military service’ ‘military leave’…
Continue Reading Layoff upon return from military leave may qualify as a “reemployment position” under the USERRA.
Temporal proximity between FMLA leave and firing does not always lead to successful legal claim.
By Maria Danaher on
Posted in FMLA
The Family and Medical Leave Act (FMLA) continues to create administrative challenges for employers. One particular issue of concern is the discipline and or termination of an employee who has requested or is on FMLA leave. The 10th U.S. Circuit Court of Appeals recently upheld the dismissal of an individual’s interference and retaliation claims in…