News & Analysis as of

Family and Medical Leave Act (FMLA) Employee Misconduct Employment Litigation

Parker Poe Adams & Bernstein LLP

Fourth Circuit Expands Employer Protections Against Suspected FMLA Misuse

While the Family and Medical Leave Act (FMLA) is designed to protect employees who suffer from a qualifying "serious health condition that makes the employee unable to perform the functions of" their job, its administration...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Eighth Circuit Chips Away at ‘Honest Belief’ Defense and Creates ‘Intertwinement Test’ for Disability Discrimination Cases

On July 1, 2024, in Huber v. Westar Foods, Inc., in a 2–1 decision, the Eighth Circuit Court of Appeals departed from the “honest belief” defense recognized by the First, Second, Fourth, Fifth, and Seventh Circuits (and U.S....more

Genova Burns LLC

NJ District Court Upholds Employee Termination After FMLA Leave

Genova Burns LLC on

On March 31, 2023, in LeBlanc v. Thomas Jefferson University, the United States District Court for the District of New Jersey granted an employer’s motion for summary judgment, dismissing a former’s employee’s allegations of...more

Parker Poe Adams & Bernstein LLP

Motive Behind Employer's Investigation Determines Retaliation Question

​​​​​​​Here’s another common scenario we see with clients: An employer has an especially difficult employee who has made multiple complaints about their treatment while at the same time performing terribly and missing...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Court Decision Highlights Challenges of Dealing With Employee Performance Issues While an Employee Is on FMLA Leave

Addressing performance issues of employees who are on leave under the Family and Medical Leave Act (FMLA) can present challenges for employers. An employer may discover, for instance, that prior to going out on FMLA leave, an...more

McAfee & Taft

Falsified FMLA forms torpedo retaliation claims

McAfee & Taft on

The U.S. Department of Labor makes available a variety of Family and Medical Leave Act forms to employers. When used by companies, the DOL forms are extremely helpful with managing and administering employees’ FMLA absences....more

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