A former employee who failed to appear for her unemployment benefits hearing, where the referee determined the employer had a legitimate reason for discharging her based solely on agency file documents, had her retaliatory discharge claim under the Family and Medical Leave Act (FMLA) dismissed when a district judge in Alabama held that the unemployment agency ruling blocked her suit and awarded summary judgment to her former employer, based on the “collateral estoppel” doctrine. Franks v. Indian Rivers Mental Health Ctr., 2014 U.S. Dist. LEXIS 15544 (N.D. Ala. Feb. 7, 2014), aff’d, 2014 U.S. Dist. LEXIS 28005 (Mar. 5, 2014). This decision should have employers in Alabama taking a closer look at unemployment hearings.
Home > State Law Articles > Alabama > General (AL) > Skipping Unemployment Hearing in Alabama Not Necessarily a Safe Litigation Strategy