The Supreme Court has held that an employer can be found liable for terminating an employee when that employee’s fiance has engaged in a protected activity (Opposing discrimination, complaining about harassment, etc.) under Title VII (Discrimination). So what relationship needs to exist between the Third Party and the individual engaging in the protective activity to […]
When Is Third Party Retaliation An Actionable Claim? Read More »
It is common scenario where an employee’s leave of absence for a serious medical condition exceeds the 12 weeks provided for by the Family Medical Leave Act. So what can an employee do in this situation? An employee can request an extended leave of absence as a reasonable accommodation under the Americans with Disabilities Act
The 16-page FMLA guide that the Department of Labor (DOL) says is “designed to answer common FMLA questions and clarify who can take FMLA leave and what protections the FMLA provides.” Entitled “Need Time? The Employee’s Guide to the Family and Medical Leave Act,” the Guide apparently was created out of DOL’s belief that “too
The Department Of Labor Issues 16-page Fmla Guide. Read More »
Traditional discrimination or retaliation claims involves the employer taking the discriminatory or retaliatory action. Often times companies will try to create an independent process for terminating an employee to avoid liability. For example: an employee receives several disciplinary write-ups. After a certain amount of write-ups, Human Resources becomes involved. At large companies, the HR Representative
Who is a “Key Employee” under the FMLA? Limits on certain employees’ rights to restoration after taking FMLA leave. The FMLA provides that an eligible employee is entitled to take medical leave for various reasons, such as a serious health condition, which makes an employee unable to perform the basic duties of his or her
Who Is A “key Employee” Under The Family Medical Leave Act (Fmla)? Read More »
Mansell Law has been recognized by U.S. News and Best Lawyers as “Best Law Firms in America” in two categories: Employment Law – Individuals; and, Litigation – Labor and employment. See Our Listing. To obtain this ranking, there is a rigorous process that includes peer review, client review, and an independent analysis of the law firm.
Mansell Law Recognized By U.s. News As Best Law Firms In America Read More »
So you tell your employer you need time off work because of a medical condition and your employer provides you Family & Medical Leave Act (FMLA) paperwork for your doctor to fill out. Your doctor sends in the paperwork with an estimated return to work date. Are you guaranteed your same job back? Our Ohio FMLA
What Happens To My Job Status If I Take Fmla Leave? Read More »
Am I entitled to medical leave under the Family and Medical Leave Act (FMLA) in Ohio? What are the FMLA Ohio leave eligibility requirements and qualifications? Do you or a family member suffer from a serious medical condition or do you have an upcoming surgery? If you need medical leave from work, you could be
Are You Eligible For Medical Leave Under The Family Medical Leave Act (fmla)? Read More »
What are the damages and employee can recover or settlement can an employee get if you sue your employer in Ohio for an employment law violation? The answer to this question will depend on the type of legal claim you bring. For example, discrimination lawsuits have different damages available if it involves a hostile work environment or a wrongful termination.
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With the new Family First Coronavirus Response Act (“FFCRA”) in place as of April 1, 2020, what remedies does an employee have if an employer violates the FFCRA and its Emergency Paid Sick Leave Provisions or Expanded Family and Medical Leave Act provisions? COVID-19: Penalties for Violations of the Family First Coronavirus Response Act For
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