Faust v. California Portland Cement Company (5/10/07)
Articles Discussing Case:
Employee Provided Sufficient Notice of the Need for CFRA Qualifying Leave (scroll down).
Ballard Rosenberg Golper & Savitt • June 01, 2007 • Report Link
In Faust v. California Portland Cement Co., the California Court of Appeal held that plaintiff Michael Faust provided sufficient information to inform his former employer, California Portland Cement Company (“Portland”), of his need for medical leave under the California Family Rights Act (“CFRA”), and that such notice triggered the employer’s duty to inform the employee of his CFRA rights. Moreover, the employee’s subsequent failure to follow up directly with the employer concerning his medical condition did not abrogate his CFRA claims.
California Court of Appeal Holds that Employer’s Failure to Provide Employee with Notice of Rights under California Family Rights Act Precluded Summary Judgment in Employer’s Favor.
Ford & Harrison LLP • May 22, 2007 • Report Link
A recent decision by a California Court of Appeal demonstrates the importance of ensuring that employee leave requests are handled by one central manager who is well trained on the laws (both federal and state) governing such requests. In Faust v. California Portland Cement Company (5/10/07), the Court of Appeal reversed summary judgment in favor of the employer and reinstated the employee’s claims, based on the employer’s failure to provide the employee with notice of his rights under the California Family Rights Act (CFRA).
