Keeping Your Story Straight—The Importance of Consistency to Avoid FMLA Interference Liability

Keeping Your Story Straight—The Importance of Consistency to Avoid FMLA Interference Liability by Elaine Inman Hogan, “The Job Description”, published by The Defense Research Institute (April 26, 2016) As employment lawyers, we are all too aware of the importance of consistency and the dangers of inconsistency when it comes to the application of employment policies.  […]

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Fired for F-Bombs?

the situation You have received some reports that one of your supervisors is demeaning and hostile toward employees and “drops f-bombs on a daily basis.”  You investigate the complaints and determine that the complaints are substantiated.  You counsel the supervisor but don’t take any formal disciplinary action. The supervisor then lets you know he may […]

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FMLA Interference v. Retaliation—No Interference Claim Where No Denial of FMLA Benefits

In the case of Downs v. Winchester Medical Center, et al., No. 5:13cv00083, the United States District Court for the Western District of Virginia addressed the question of what constitutes a claim for interference in violation of the FMLA.  The plaintiff in this case asserted claims of both interference and retaliation in violation of the […]

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Request for Vacation Not Protected by FMLA and Cannot Support Interference Claim

Does an employee’s request for leave have to be protected by the FMLA to give rise to a potential interference or retaliation claim? Last month, the Eleventh Circuit answer said yes in the case of Hurley v. Kent of Naples, Inc., et al., No. 13-10298 (11th Cir. 2014). Hurley was employed as the CEO for […]

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