Medical Leave, Family Leave, Disability Leave? We are very experienced lawyers who help clients with these issues every day. If you live in Chester, Delaware, Montgomery or Bucks County, and have questions about your leave rights, call us and we can help.
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Recently, the federal court sitting in Philadelphia issued two important Family and Medical Leave Act decisions.
On February 24, 2010, Judge O'Neill issued a decision in Narodetsky v. Cardone Industries, Inc., wherein he determined that there could be individual liability under the FMLA. Judge O'Neill found that each of the named individual defendants were proper parties because it was alleged that 1) each participated in a search of the employee's computer with the goal of finding a reason to justify his termination after he had sought FMLA Leave; 2) each one was alleged to have the power to fire plaintiff; and, 3) each played a role in the decision to fire plaintiff. The opinion is notable because a number of district courts located in other jurisdictions have held in similar circumstances that there cannot be individual liability under the Family and Medical Leave Act.
On March 1, 2010, Judge Stengel issued a decision in Barron v. Quest Diagnostics, Inc. (a case where the plaintiff was represented by the Gallagher Law Group) denying defendant's motion for summary judgment. There, the plaintiff had a substantial record of tardiness and absenteeism, including multiple warnings and a final warnings. The company alleged that a decision to terminate the plaintiff was made before she went out on FMLA Leave. However, citing inconsistencies from the unemployment hearing transcript between the parties, the court ruled that there was an issue of fact as to when the decision was made, and by whom. The opinion is notable because of the utilization of the unemployment transcript, and also because the court properly determined that a jury could conclude that the exercise by plaintiff of her FMLA right "was the motivating factor behind the ultimate decision to terminate her."
Philadelphia Labor Lawyer With Offices in Paoli, Exton, King of Prussia, Plymouth Meeting, Radnor and Philadelphia Gives Free Consultations for Pennsylvania Employment Claims
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