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?
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. Also, discrimination under the Family and Medical Leave Act (FMLA) has different damages than discrimination under the Americans with Disabilities Act (ADA).
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 entitled to protected leave that guarantees your job when you return to work. Our Columbus, Ohio FMLA lawyers break down the ins and outs of FMLA eligibility.
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 Lawyers provide all the answers on your right to reinstatement after taking protected leave under the FMLA. Continue reading “What Happens to my Job Status if I Take FMLA Leave?”
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. For more information on the process, visit U.S. News.
Who is a “Key Employee” under the FMLA?
Limits on certain employees’ rights to restoration after taking FMLA leave.
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 may have never met the individual. After review the write-ups, HR determines to terminate the individual. Companies then argue, how could the termination be discriminatory or retaliatory if the individual making the decision has never even met the employee being terminated? Clever. But so are Judges.
Continue reading “Cat’s Paw Theory: Can a Company be held liable if the discriminating supervisor and the individual(s) who made the decision to terminate are different?”
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 many workers don’t know about their rights under the FMLA and fail to take advantage of its protections,” as stated in a DOL press release. For more information on the guide, visit the DOL website.
View and download the FMLA Guide
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 (ADA) (Remember: it is the employees burden to request a reasonable accommodation). This request then shifts the burden to the employer to show that an extended leave would cause “undue hardship.” Read the full article on Extended Leave under the FMLA and ADA.
For more information on the ADA, reasonable accommodations, and what constitutes undue hardship, check out the Equal Employment Opportunity Commission (EEOC) ADA fact sheet.
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 have an actionable claim? The Supreme Court has provided a factor test: Justice Scalia suggests that there are two factors that determine whether third-party retaliation is unlawful under Title VII: 1. The nature of the relationship; and 2. The severity of the employer’s action. Thus, he states: “We expect that firing a close family member will almost always meet the Burlington standard, and inflicting a milder reprisal on a mere acquaintance will almost never do so.” Read more on Unlawful Third Party Retaliation.