Better settle the case, right? Not if you’re Flannery Oaks Guest House. Instead, you move for summary judgment and try to get your former employee’s FMLA retaliation claim dismissed. Was Andy Reid or Norv Turner calling that play? How do you think it worked out for ole Flannery Oaks? (Hint:…
Welcome everyone to the Employment Law Blog Carnival: Hollywood Casting Call Edition. [Editor’s Note: The original theme for this post was the “Employment Law Blog Carnival: Sex, Drugs, and Rock & Roll Edition.” I had this bright idea to begin by cutting and pasting the lyrics to Guns N’ Roses’ “My…
About a year-and-a-half into Sara Jaszczyszyn’s employment with Advantage Health Physician Network (“Advantage”), she began taking intermittent FMLA leave for back pain that which she stated left her “completely incapacitated.” About five weeks into her leave, several of her coworkers saw pictures of her on Facebook consuming adult beverages at…
I’m punching out this post on Sunday night, from my home in Philadelphia, before the brunt of Hurricane Sandy strikes. Like many of you, I’m locked, stocked, and ready to go, hoping that the impact is far less than is forecasted and the recovery is easy. Inevitably, however, for you…
That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post.” An employee is eligible for leave under the Family and Medical Leave Act if the employee has “a serious health…
Your employee vacations in Las Vegas. She plays the slots, walks the Strip, does some people watching, eats at nice restaurants. And she claims it’s all covered under Family and Medical Leave Act. And, you know what? She may be right. I’ll tell you why after the jump… * *…
We’re just a few months away from the Presidential election. That means that the debates are right around the corner. Yesterday, started a week-long series of hypothetical debate question for the 2012 candidates for President and Vice President. Click here to see the softball that I tossed President Obama. Let’s…
Last month, in this post, I addressed a recent opinion in which the court held that the words “Emergency Room,” when uttered by an employee to his employer are enough to put the employer on notice — at least initially — that the employee needs leave under the Family and…
I’m back, jack. And I have some hella-tough shoes to fill, following Janette Levey Frisch‘s killer two-part guest-blogger series on the interplay between the Family and Medical Leave Act and the Americans with Disabilities Act. You can find Part One here and Part Two here. So, we all know by…
Today, Janette Levey Frisch is back as guest blogger to wrap up her two-part series on the interplay between the between the Americans with Disabilities Act and the Family and Medical Leave Act. (You can read Part One here). Janette is In-House Counsel at Joule, Inc. where she provides comprehensive legal representation…