• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Affiliate Login
  • Join Our Network
  • Affiliate News
  • Lawyer Directory
  • Newsletters
  • Contact Us
  • Our Feeds

Employment Law Information Network

All Things Labor and Employment Law

Get Our Daily or Weekly Newsletter!
Articles • Alerts • Expert Advice
Daily Newsletter
Weekly Newsletter
California Newsletter
  • Federal Articles
  • State Articles
  • HR News
  • Trending
  • Human Resources
    • HR Guidebook
    • HR Policy Samples
    • Employment Contracts
  • Discussion Forums
  • About Us
Home > Federal Law Articles > FMLA > Retaliation (FMLA)

Articles Discussing Retaliation Claims Under The FMLA.

Federal District Court Order Provides Guidance Related to Disciplining Employees Who Abuse Leaves of Absence

February 11, 2021 | Ogletree Deakins Filed Under: Retaliation (FMLA)

On February 5, 2021, the U.S. District Court for the District of Delaware granted summary judgment in Snyder v. E.I. DuPont de Nemours, Inc. and Company, No. 18-1266, holding that DuPont did not terminate the employment of its employee, Peggy Snyder, in retaliation for her use of leave under the

Third Circuit: No Direct Evidence Needed for Mixed-Motive Jury Instruction in FMLA Retaliation Cases

March 29, 2017 | Jackson Lewis Filed Under: Retaliation (FMLA)

Jackson Lewis

A former employee alleges that he was terminated because he exercised his right to take intermittent leave under the Family and Medical Leave Act. His former employer asserts that his FMLA leave had nothing to do with his termination. Rather, the employer claims, he was let go simply because his position was eliminated. At trial, the employee fails to present any direct evidence that his use of FMLA leave was a motivating factor for his termination. Is the employer in the clear?

Does Calling Someone an “Injury Compensation Specialist” Prove FMLA Retaliation?

December 19, 2016 | Jackson Lewis Filed Under: Retaliation (FMLA)

Jackson Lewis

Perhaps not, according to the First Circuit Court of Appeals. Not all retaliation is the same, the court reminds us in its December 14, 2016 decision in Chase v. U.S. Postal Service. Evidence that a supervisor retaliated because of an employee’s workers’ compensation claim does not itself prove the supervisor also retaliated because the employee took concurrent leave under the Family and Medical Leave Act (FMLA). Mocking an employee’s allegedly fake injury does not necessarily show hostility toward use of FMLA leave.

Bad Timing: Can an Employer Terminate an Employee Shortly After Requesting FMLA Leave?

December 21, 2012 | Littler Filed Under: Retaliation (FMLA)

Littler

As a labor and employment attorney, I spend a significant amount of time counseling employers as they prepare to terminate an employee. Often enough, the situation goes something like this:

Supervisor’s Inadvisable Email Creates Basis for FMLA Claim

October 31, 2011 | Littler Filed Under: Retaliation (FMLA)

Littler

File this in your “Don’t Do This When Conducting a RIF” folder. As highlighted by the folks at the Atlanta Employment Lawyer Blog, employers should be wary of eliminating the position of an employee who announces days earlier that he will need several weeks off for surgery. When the evidence shows that this employee was not targeted for the layoff before he requested FMLA leave, but only after, it may well be enough to allow him to present his claims to a jury.

Happy Father’s Day: Dad Claims He Was Terminated After Taking FMLA Leave for Bonding with Newborn Child

June 21, 2011 | Littler Filed Under: Retaliation (FMLA)

Littler

As a father of three, I tend to take interest in “feel good” stories about working parents. However, in a recent ABA Journal article, an article about a working dad caught my attention for a far different reason. The article highlighted Ariel Ayanna, who recently filed suit against his employer claiming he was terminated after taking FMLA leave following the birth of his son. Ayanna v. Dechert LLP (pdf).

Scared of Liability for FMLA Retaliation? Beware of Bingo Workers!

October 26, 2010 | Littler Filed Under: Retaliation (FMLA)

Littler

Employers increasingly are finding federal courts to be receptive forums for the consideration of an employee’s retaliation claim. In Burlington Northern v. White, for instance, the Supreme Court held that an employer can retaliate within the meaning of Title VII with actions short of terminations and other ultimate employment actions. Last year, in Crawford v. Metro Government of Nashville, the Court ruled that an employee who was terminated after she answered questions during an employer’s internal investigation was protected under the anti-retaliatory provisions of Title VII.

Primary Sidebar

FMLA Article Index

  • ADA and FMLA
  • Coverage (FMLA)
  • FFCRA
  • Fitness For Duty
  • FMLA Interference
  • FMLA Regulations
  • General (FMLA)
  • Intermittent Leave
  • Key Employees
  • Leave Year
  • Medical Certifications
  • Military Leave
  • Reinstatement Rights
  • Retaliation (FMLA)
  • Serious Health Conditions
C-Screen

Site Search

Connect With Us!

  • Email
  • LinkedIn
  • Phone
  • RSS
  • Twitter

Article Calander

January 2023
SMTWTFS
1234567
891011121314
15161718192021
22232425262728
293031 
« Dec    

Trending Content

  • Introduction To Employee Handbook Policy
  • Employee Locker Policy
  • Employee Discipline Policy
  • Attendance Policy
  • Employment At-Will Policy
  • Sample Employee Handbook Disclaimer
  • Confidential Information, Non-Disclosure Provision
  • Workplace Privacy and Confidentiality
  • Teamwork Policy
  • Birthday Pay Policy

Footer

Social Profiles

RSSTwitterFacebookLinkedin

Tags

ABC News (58) Axios (26) Benefits Pro (31) Bloomberg (334) Business Insider (35) CBS News (71) Chicago Tribune (23) CNBC (180) CNN (100) EEOC (257) Entrepreneur (80) Evil HR Lady (516) Fast Company (126) Forbes (965) Fortune (57) GovExec (24) Harvard Business Review (723) HR Dive (33) Inc. (113) Jackson Lewis (29) Law.com (41) LinkedIn (26) Littler (43) MarketWatch (31) MSN (134) NBC (61) NBC News (35) Newsweek (29) New York City (58) New York Post (49) New York Times (895) NPR (140) Philadelphia (25) Politico (38) Reuters (132) Richmond Times Dispatch (29) Seattle Times (27) SHRM (91) The Guardian (58) TIME (27) USA Today (81) US News (74) Wall Street Journal (364) Washington Post (181) Yahoo! News (106)

Navigation

  • Federal Articles
  • State Articles
  • HR News
  • Trending
  • Human Resources
    • HR Guidebook
    • HR Policy Samples
    • Employment Contracts
  • Discussion Forums
  • About Us
Log In

Privacy Policy, Disclaimers & Copyright
elinfonet.com, LLC • P.O. Box 45, Chinchilla, PA 18410 • 570-301-6277 • info@elinfonet.com