64 results for 'nos:"Family and Medical Leave Act - Labor"'.
J. King awards the sales engineer $378,700 in attorney fees and $4,900 in costs for his complaint that the machine industry company laid him off because he extended his medical leave. The sales engineer submits evidence that his counsel's hourly rates are reasonable, and his unsuccessful claims are not excluded because they were based on the same "common core of facts" as his successful claims. However, counsel is not entitled to an upward adjustment of the lodestar amount because their rates "already reflect the expected quality of their work."
Court: USDC Western District of Washington, Judge: King, Filed On: October 23, 2023, Case #: 2:20cv1030, NOS: Family and Medical Leave Act - Labor, Categories: Employment, Employment Discrimination, Attorney Fees
J. Shah partially grants the Chicago Transit Authority’s motion to dismiss one of its employees’ disability discrimination and retaliation claims against it. The employee took two weeks’ short term disability leave in 2021 in order to recover from the latest in a long line of injuries he has suffered on the job as a mechanic, and also filed for workers’ compensation. A year later, the transit authority fired him. While the employee claims this was retaliation, the court finds he has not sufficiently alleged that claim. His failure to accommodate and disparate treatment claims under the Americans with Disability Act stand.
Court: USDC Northern District of Illinois, Judge: Shah, Filed On: October 4, 2023, Case #: 1:23cv1387, NOS: Family and Medical Leave Act - Labor, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
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J. Kendall partially grants a charter school's motion for summary judgment on one of its former teachers' disability discrimination claims. The teacher alleges the charter school fired her in retaliation for taking approved FMLA leave, bringing five related ADA and FMLA claims. the court tosses the teacher's failure to accommodate claim, but leaves the other four standing.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: September 26, 2023, Case #: 1:21cv5013, NOS: Family and Medical Leave Act - Labor, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Gravelles, ruling after a bench trial, finds that a home health care business failed to give its fired supervising employee the required 15 days to obtain certification of her illness, major depression, for medical leave. No reasonable person would conclude that the employer acted appropriately in giving its employee just one day to provide medical documentation considering the “clear allowance” for 15 days, under federal law. The fired manager, who earned $12 per hour, is entitled to back pay totaling $132,000 with interest since her termination in 2018, an equal amount of damages for breach of contract, and attorney fees and costs.
Court: USDC Middle District of Louisiana, Judge: DeGravelles, Filed On: September 26, 2023, Case #: 3:20cv156, NOS: Family and Medical Leave Act - Labor, Categories: Employment, Health Care, Damages
J. McFadden finds for a university on a former library employee's claims under the Family and Medical Leave Act. The school did not violate his FMLA rights for firing him after he "was approved for conditional leave, shirked his duties, got his leave denied, and then went AWOL for weeks on end while ignoring his employer."
Court: USDC District of Columbia, Judge: McFadden, Filed On: September 22, 2023, Case #: 1:22cv812, NOS: Family and Medical Leave Act - Labor, Categories: Employment, Employment Retaliation
J. Kleeh grants the supermarket chain's motion to dismiss the former lead store associate's employment discrimination suit claiming the firm terminated her employment on July 1, 2022, after she failed to obtain updated medical information about her ability to work without a cane after being permitted to return to work on light duty following an injury from a fall in the cooler at the Morgantown location on Nov. 17, 2021. The former associate's claim under the West Virginia Human Rights Act fails because she did not plead sufficient facts as to "how the injuries affected her abilities to perform major life activities such that she is disabled."
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: September 11, 2023, Case #: 1:22cv154, NOS: Family and Medical Leave Act - Labor, Categories: Tort, Business Practices, Employment Discrimination
J. Hall grants, in part, the employer's motion for summary judgment, ruling that while the 61-year-old employee was effectively replaced by a younger employee, the employer had a legitimate reason to fire him as part of a cost-cutting strategy during the Covid-19 pandemic, which significantly impacted the company's finances and forced it to downsize.
Court: USDC Connecticut, Judge: Hall, Filed On: September 8, 2023, Case #: 3:21cv1435, NOS: Family and Medical Leave Act - Labor, Categories: Evidence, Covid-19, Employment Discrimination
J. McNulty finds for a medical center that fired a registered nurse who failed to report for 12 weeks after she collided with a revolving glass door at work. Physicians concluded the nurse would be able to work without restrictions, and she was warned she was on an unauthorized leave of absence. Meanwhile, evidence did not indicate disciplinary writeups had been based on invalid or false information, or that she would have returned to her position after she decided to end leave.
Court: USDC New Jersey, Judge: McNulty , Filed On: September 7, 2023, Case #: 2:20cv5510, NOS: Family and Medical Leave Act - Labor, Categories: Employment, Employment Discrimination
J. Messitte grants a gas station its motion to dismiss FMLA violations allegations brought by a former assistant manager when she claimed the station did not accommodate her after she was injured in a car accident. Along with the failure to accommodate, the manager claims that the station failed to reinstate her when she was physically unable to perform certain job duties, then fired her. However, FMLA does not protect her from the station’s actions. She is given leave to file a second amended complaint.
Court: USDC Maryland, Judge: Messitte, Filed On: September 6, 2023, Case #: 8:23cv1482, NOS: Family and Medical Leave Act - Labor, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Dimke denies judgment as a matter of law to the nursing student after a jury found in favor of the university for the student's claim that he was discriminated against for checking himself into a mental health facility, where he stated that he had homicidal ideations. It was reasonable for the jury to determine that the student's homicidal ideations "constituted a serious and credible threat to maim or kill instructors and thereby negated his status as a qualified individual" under the Americans with Disabilities Act.
Court: USDC Eastern District of Washington, Judge: Dimke, Filed On: August 30, 2023, Case #: 4:18cv5089, NOS: Family and Medical Leave Act - Labor, Categories: Ada / Rehabilitation Act, Education
J. Boulee adopts the magistrate judge's recommendation and denies the parties' motions for summary judgment in an employment action brought by the employee alleging violations of the Family and Medical Leave Act. The employee claimed she was fired for requesting FMLA leave for a knee surgery. The employer's departure from normal policies by failing to put the employee on a performance improvement plan or implement progressive discipline raises a genuine issue of fact as to whether its stated reasons for firing her are pretextual.
Court: USDC Northern District of Georgia, Judge: Boulee, Filed On: August 21, 2023, Case #: 1:21cv5256, NOS: Family and Medical Leave Act - Labor, Categories: Employment, Employment Retaliation
J. Lindsay denies, in part, a company's motion for summary judgment on a former worker's employment discrimination and retaliation claims. There are questions of fact whether she was terminated due to taking leave under the Family and Medical Leave Act.
Court: USDC Northern District of Texas , Judge: Lindsay, Filed On: August 16, 2023, Case #: 3:22cv932, NOS: Family and Medical Leave Act - Labor, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Herrera denies a motion to “exclude the administrative record or to proceed de novo” filed by two former employees of the New Mexico Department of Health after they both “encountered difficulties” obtaining administrative records relevant to their employment suit. Instead, this court will issue notices clarifying the former employees have “timely filed notices of appeal,” which the employees should then be able to use to obtain records from the State Personnel Office’s Adjudication Division without the need for a “more extraordinary remedy.”
Court: USDC New Mexico, Judge: Herrera, Filed On: August 3, 2023, Case #: 1:21cv1129, NOS: Family and Medical Leave Act - Labor, Categories: Civil Procedure, Employment, Government
J. Pearson grants the city's motion for summary judgment, ruling the vehicle technician's failure to complete a dashcam installation project by a certain deadline and damage done to a police cruiser during the process gave the city a legitimate reason to fire him, regardless of his medical conditions. Although the technician was fired shortly after he was taken to the hospital for a medical emergency, none of the reasons used to support his termination had anything to do with the emergency or his conditions, and his failure to present any evidence of pretext requires dismissal of all his claims.
Court: USDC Northern District of Ohio, Judge: Pearson, Filed On: July 31, 2023, Case #: 4:22cv1453, NOS: Family and Medical Leave Act - Labor, Categories: Ada / Rehabilitation Act, Employment, Evidence
J. Carr grants the employer's motion for summary judgment, ruling any factual disputes about discrimination experienced by the black employee are irrelevant because she failed to file her complaint within the 6-month statute of limitations included in her signed employee handbook. The employee claims she never read the handbook, but that is also irrelevant because she signed the document, which included the 6-month limitation in capitalized and bolded lettering.
Court: USDC Northern District of Ohio, Judge: Carr, Filed On: July 27, 2023, Case #: 3:20cv1992, NOS: Family and Medical Leave Act - Labor, Categories: Civil Procedure, Employment Discrimination, Contract
J. Bolden denies summary judgment to the electronic manufacturing company for the application engineer's retaliation claim alleging that his supervisor asked him when he would resign shortly after he said he would need to take Family and Medical Leave Act leave in the future because his wife needed surgery. There are still factual issues surrounding the temporal proximity between the engineer's FMLA leave request in October 2020 and his termination in April 2021.
Court: USDC Connecticut, Judge: Bolden, Filed On: July 14, 2023, Case #: 3:21cv1567, NOS: Family and Medical Leave Act - Labor, Categories: Employment, Employment Retaliation